Elderly man claims trial to fresh charge of slapping non-Muslim for eating in public during Ramadan, after DNAA over earlier guilty plea

JOHOR BARU (March 19): An elderly man has claimed trial to a fresh charge of slapping a non-Muslim man for eating in public during Ramadan.

The accused, Abdul Razak Ismail, pleaded not guilty after the charge was read out in the Magistrates’ Court here today.

Earlier, the 65-year-old retiree was released after the Magistrate’s Court granted a discharge not amounting to acquittal (DNAA). He had already pleaded guilty then.

He was charged with slapping a non-Muslim man at a convenience store in a shopping mall here last Sunday.

The amended charge under Section 323 of the Penal Code for voluntary causing hurt was read out before Magistrate A. Shaarmini.

Abdul Razak was charged with intentionally causing injury to a young man at Lot L1 14 and 15, Level 1 of a shopping mall in Tampoi at 6.15pm on March 17.

If convicted, the offence carries a maximum jail sentence of one year or a fine of up to RM2,000 or both.

Deputy Public Prosecutors Nor Afiqah Musa and Nur Fatihah Mohd Nizam offered a bail amount of RM8,000 for the accused.

Lawyer Mohd Salleh Togimin, who represented Abdul Razak as counsel, argued that the bail amount was too high.

He explained that the accused, who is also a government pensioner, has to support three children, including one who is still studying at a higher learning institution.

“The RM8,000 bail is too high and seems to be an early sentence against my client, when he has not been found guilty,” said Mohd Salleh.

After deliberation by both parties, the court set bail at RM2,000 with one surety. The case is scheduled for mention on April 29 for the submission of documents.

In a separate proceeding this morning, the Magistrate’s Court here granted Abdul Razak a DNAA after the Deputy Public Prosecutor announced that the case would be referred back to the Attorney General’s Chambers (AGC) in Putrajaya.

Earlier, Abdul Razak, who initially pleaded guilty, later disputed the case facts read out to the court. He was then ordered to enter his defence before the DNAA was announced.

This caused surprise and some confusion among those present.

In a statement, Attorney General Datuk Mohd Dusuki Mokhtar said there were technical issues regarding the charges filed against the individual involved during the proceedings at the Johor Baru Magistrate’s Court.

He said that the technical issues involving the charges have been resolved and the individuals involved will be charged again at the Johor Baru Magistrate’s Court this afternoon.

Last Sunday, a video on the X (formerly Twitter) social media platform was widely shared showing a non-Muslim man being reprimanded by an elderly man for allegedly eating openly during Ramadan at the Angsana Shopping Mall in Tampoi here.

Tensions arose during the footage when the senior citizen asked the man to show his MyKad identity card as prove that he was not a Muslim.

The man, who refused to show his identity card, later claimed to have been scolded by the elderly man, who then slapped him several times. – Malay Mail