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Friday, January 8, 2021

RM10k fine on road bully upheld after prosecution withdraws appeal

 


The Court of Appeal today upheld the RM10,000 fine imposed by the High Court on a road bully, known as “Abang Botak”, for smashing the windscreen of a car with his crash helmet, after the prosecution withdrew its appeal.

The prosecution had appealed against the RM10,000 fine meted out by the High Court against Danial Abdullah Tan, 33, who was initially sentenced by the Petaling Jaya Magistrate’s Court to 12 years’ jail for the offence.

A panel of three judges, led by Abdul Karim Abdul Jalil, dismissed the prosecution’s appeal after deputy public prosecutor Faizah Mohd Salleh informed the court that the prosecution had filed a notice to withdraw the appeal on Nov 17 last year.

Lawyer Azura Alias, representing Danial, did not object to it.

The other two Court of Appeal judges are Lee Swee Seng and Supang Lian.

On Jan 20 last year, the Shah Alam High Court allowed an appeal by Daniel to set aside the 12-year jail sentence imposed by the Magistrate’s Court on May 31, 2019, and replaced it with a fine of RM10,000, in default 12 years’ jail.

Danial, who had pleaded guilty to the charge, paid the fine.

Danial, who was then a store assistant, was charged with committing mischief by smashing the windscreen of a Perodua Axia car belonging to one Siew Chean Voon, 60, with his crash helmet, causing losses of about RM600, at Jalan Kasturi, Section 12, Taman Bukit Serdang in Seri Kembangan at 5.30pm on May 28, 2019.

He had told the court that he was riding his motorcycle when the car came and almost rammed into his machine, adding that, in anger, he smashed the car windscreen when the driver showed fingers at him.

The act was recorded by the car driver using his dashcam camera and the video recording went viral on social media in May 2019.

- Bernama

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