Justice not for sale, says court, sending man to jail for domestic abuse

The Court of Appeal sets aside a compound issued by the High Court and restores Zamiruddin Abdul Manaf’s 10-month jail term imposed by a magistrate.

Zamiruddin Abdul Manaf, 50, saw the Court of Appeal restore the 10-month jail term imposed by a magistrate for causing hurt to his wife in Ampang, Selangor, five years ago.

PUTRAJAYA:

 The Court of Appeal has ordered a man, convicted of assaulting his wife in a domestic violence case, to serve a 10‑month jail term beginning today, ruling that the offence was not compoundable due to its severity.

Justice K Muniandy said the law must prioritise deterrence and the protection of vulnerable victims over the personal financial convenience of an accused.

“Allowing a win-win outcome through financial compensation of RM8,000 risks creating a perception that justice is for sale and that wealthy offenders can buy their way out of criminal liability for domestic abuse,” he said in reading the court’s broad grounds of judgment.

Also on the panel hearing the appeal were Justice Azman Abdullah, its chairman, and Justice Hayatul Akmal Abdul Aziz.

In a unanimous decision, the court allowed the prosecution’s appeal, set aside the compound allowed by a High Court last year, and restored the 10-month jail term imposed on Zamiruddin Abdul Manaf by a magistrate previously.

Zamiruddin, 50, committed the offence on Nazla Hamzah at around noon on Sept 13, 2020, in an apartment in Taman Kosas in Ampang, Selangor.

Muniandy said the accused had punched the victim’s head, menaced her in front of a witness and kicked her until she fell – demonstrating a level of violence that warranted a custodial sentence.

Zamiruddin, was charged with causing hurt under Section 323 of the Penal Code, an offence punishable by up to one year’s imprisonment, a fine of RM2,000, or both.

However, because the victim was his spouse, the charge was elevated under Section 326A, making him liable to a sentence of up to twice the prescribed maximum jail term.

Muniandy said once the offence was elevated, no private settlement could be entertained.

The bench ordered a refund of the RM8,000 compound previously paid by the accused and issued a warrant of committal for his prison term to commence immediately.

Deputy public prosecutor Atiqah Abdul Karim appeared for the prosecution, while lawyer Faridah Mohammad represented Zamiruddin. - FMT