Wheelchair-bound man convicted in hospital begins jail term

 

Taufik Goh Abdullah was not in the right frame of mind after he was admitted to hospital, his lawyer said. (Pexel pic)

PUTRAJAYA: A wheelchair-bound restaurant owner, who was convicted for retaining a stolen car while lying in his hospital bed, was sent by the Court of Appeal to prison today after he lost his final appeal.

Taufik Goh Abdullah, 48, was also without a lawyer when he pleaded guilty and was convicted by a magistrate.

Taufik, who collapsed while being held in remand at the Muar police headquarters, had been taken to a government hospital.

As he was still admitted on Feb 4, 2020, a magistrate conducted the proceedings in hospital.

Taufik, who was unrepresented at the time, pleaded guilty to retaining a stolen car that had been left behind his restaurant in Kluang, Johor, on Jan 28, 2020.

He was sentenced to six months’ jail, the minimum prescribed for the offence.

Today saw his final appeal rejected by the appellate court.

A three-member bench chaired by Justice Kamaludin Said found that the conviction and sentence imposed by the magistrate were safe.

Also on the panel were Justices Ahmad Zaidi Ibrahim and Azimah Omar.

“The jail term will begin from today,” Kamaludin said before ordering that a warrant of committal be issued for Taufik to be sent to prison.

Two policemen ushered him into the court lock-up, leaving an unidentified female family member in tears in the court gallery.

Taufik had been on bail since 2020 despite the dismissal by the High Court of his appeal in December 2021.

On Jan 5 last year, the Court of Appeal granted him leave to appeal his conviction and sentence based on three questions of law posed.

The questions involved whether the plea of guilt taken was valid, whether there was a miscarriage of justice in the proceedings, and whether a binding-over order could be made instead of a sentence of imprisonment.

Earlier today, lawyer G Visvanathan Nair submitted that the proceeding should not have been conducted as Taufik was not in the right frame of mind following the heart attack he had suffered.

“The accused did not understand the nature and consequence of the offence when he pleaded guilty,” he said.

Visvanathan, who was assisted by Devika Suppiah, also urged the court to either order a retrial or bind his client over for good behaviour if the appeal was dismissed.

Deputy public prosecutor Samihah Rhazali said the magistrate had followed all summary trial procedures under the Criminal Procedure Code before imposing the sentence.

“The measure of punishment pronounced should be maintained as there was no error of law,” she said. - FMT