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Friday, March 31, 2023

Emilia withdraws case, Faisal acquitted of charge of hurting her


SM Faisal SM Nasimuddin and his ex-wife, Emilia Hanafi, said their full focus now would be on the welfare of their children.

KUALA LUMPUR: The magistrates’ court today acquitted SM Faisal SM Nasimuddin of the charge of injuring his ex-wife, Emilia Hanafi, eight years ago, after the woman withdrew the case against the businessman.

Magistrate Nadia Othman made the decision after allowing the request by Faisal’s lawyer Akberdin Abdul Kader as Emilia, the complainant and also the final prosecution witness, agreed to withdraw the case.

“I believe the parties have reconciled and reached a settlement.

“Therefore, the accused is discharged and acquitted, and the bail money is returned,” said Nadia.

Earlier, Emilia’s watching brief lawyer Nizam Bashir informed the court that the parties involved had been in discussions since yesterday and had reached a settlement over the matter.

Deputy public prosecutor Nur Aishah Ahmad Zakiuddin then called Emilia to the witness stand to confirm the matter.

“Due to there being a settlement, I would like to withdraw this case.

“I also understand the consequences that if I withdraw the case, the charges cannot be continued against the accused,” said Emilia when questioned by Nur Aishah at today’s proceedings, originally scheduled for the continuation of the trial.

Nur Aishah then requested for Faisal to be granted a discharge not amounting to an acquittal, but Akberdin requested that his client be discharged and acquitted following the withdrawal of the case by the woman.

When met by reporters outside the court, Nizam said the case was successfully resolved after both parties agreed to the terms of the proposed settlement.

“The case was successfully resolved and the basis of the resolution was the blessed month of Ramadan and the welfare of their three children.

“There are certain terms in the agreement but there is no need to disclose them. We celebrate the agreement that has been reached,” he said.

Meanwhile, Akberdin said both parties had agreed not to disclose the terms of the settlement to the public.

He said the settlement also involved other cases in the shariah court and the parties would inform the court not to continue those cases.

Meanwhile, Faisal and Emilia, when met by reporters, expressed their gratitude over the settlement and that their full focus and attention would now be on the children.

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Faisal was charged with injuring Emilia at a house in Desa Sri Hartamas here between 12.30pm and 4.30pm on Nov 22, 2015.

The charged was under Section 323 of the Penal Code, punishable under Section 326A of the same code. It carries a maximum jail term of two years or a fine of RM2,000, or both, on conviction. - FMT

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