Ex-cop wants offence of enticing married woman declared unconstitutional

 

The government has applied to strike out former policeman Azri Awang’s suit, saying the matter had been decided by a competent court. (Reuters pic)

PETALING JAYA: A former policeman has filed an application to seek a declaration that the offence of enticing a married woman with the intention of having illicit intercourse is unconstitutional.

Azri Awang said the provision under Section 498 of the Penal Code is in breach of Articles 5(1) and 8(1) of the Federal Constitution.

In an originating summons filed at the High Court in Seremban in July, he said the offence deprived him of his personal liberty and that it only discriminated against men.

Azri, 31, wants the court to strike down the provision as unconstitutional or modify the section as allowed under Articles 162(7) and 162(8) since it was pre-independence law.

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However, the government, which has been named as the respondent, has applied to strike out the suit on grounds that the matter has been decided by a competent court.

Azri’s lawyer, P Purshotaman, said his client will file an affidavit to respond to the striking-out application.

Azri was charged with the offence at the Kuala Terengganu magistrates’ court on Nov 3, 2019. On March 6 this year, the magistrate sentenced him to six months’ jail and a RM3,500 fine. However, the sentence has been stayed pending an appeal to the High Court.

He committed the offence in Kuala Terengganu between Nov 25, 2016 and June 17, 2018.

During the hearing at the Kuala Terengganu magistrates’ court, Azri made an application to refer the constitutionality of the offence to the High Court.

The magistrate dismissed the application.

On Feb 25 this year, he filed a revision at the Kuala Terengganu High Court against the magistrate’s decision.

On May 9, the High Court dismissed the application, and Azri filed an appeal to the Court of Appeal.

Section 498 of the Penal Code allows the court to impose a maximum two-year jail term or fine or both if an accused is found guilty.

The last time this type of offence attracted public attention was in 2009 when the former husband of celebrity Daphne Iking accused a corporate figure of enticing her. - FMT