The court allowed the paragraph of Emilia’s statement to be dropped
KUALA LUMPUR: The Magistrate’s Court here on Tuesday allowed the defense team’s application on behalf of businessman, Datuk SM Faisal SM Nasimuddin to drop several paragraphs in the witness statement of his ex-wife, Emilia Hanafi.
Magistrate Nadia Othman ruled this during the proceedings of Emilia’s case, who was allegedly beaten by SM Faisal, eight years ago.
During the proceedings, lawyer Datuk Akberdin Abdul Kader who represented SM Faisal said there were several paragraphs in Emilia’s witness statement, which were not relevant to the charges against his client.
Following that, he requested that the court issue an order for the paragraph in question to be removed.
“If Emilia’s witness statement including some of her omitted paragraphs is read, it becomes impractical.
“I request that this witness’s statement not be read today because it will be messy and there will be no sequence in the statement,” he said.
However, Deputy Public Prosecutor, Zahida Zakaria objected to the matter, stating that it was unfair.
“The witness needs to read his witness statement including some of the omitted paragraphs,” he said.
Hearing the matter, the court adjourned the proceedings to next March 24.
SM Faisal, 43, allegedly injured Emilia, 43, at a house in Desa Sri Hartamas, Brickfields here between 12.30pm and 4.30pm, 22 November 2015.
The charge is made according to Section 323 of the Penal Code and can be punished according to Section 326A of the same code which carries a maximum sentence of two years imprisonment or a fine of RM2,000 or both, if convicted.
