KUALA LUMPUR — Lance Corporal Muhammad Taufik Ismail, who was charged today with assault of a deaf e-hailing driver, has paid the RM1,000 fine he received as penalty after pleading guilty.
However, lawyer Zaid Malek who held a watching brief for the victim, e-hailing driver Ong Ing Keong, said the sentence appeared inadequate.
“The perpetrator of the assault is a policeman, whose duty is to protect the public and not to cause harm.
“The assault was unprovoked, and the victim a disabled person carrying out his work as an e-hailing driver,” Zaid said in a statement following closure of the case this morning.
He cited the case of Tan Sri Abdul Rahim Mohd Noor v Public Prosecutor, in which the Court of Appeal ruled that in cases of “police officers assaulting the public, the courts must send a message of public abhorrence by coming down hard and nothing short of a custodial sentence, even for a first offender, would suffice”.
Taufik, 32, pleaded guilty after being charged at the magistrate’s court here today to assaulting Ong on May 28 outside the St Regis Hotel in Brickfields.
His charge under Section 323 of the Penal Code provided for one year in jail or a fine of RM2,000.
Magistrate Farah Nabihah Muhamad Dan imposed the RM1,000 fine on Taufik in default of a 20-day jail sentence.
Taufik, who paid the fine today, was represented by lawyer A. Ashok, Bernama reports.
While deputy public prosecutor (DPP) Datuk Razali Che Ani had requested an appropriate sentence because of the public interest nature of the case that involved a police personnel, Taufik’s lawyer Ashok sought a minimum fine.
Ashok said Ong did not sustain serious injuries, nor was there motives or elements of severe crime or extreme violence by Taufik, who has served nine years in the police force.
“My client was fulfilling his security duties at the time while accompanying a VIP and has maintained a clean record throughout his career. He has expressed remorse and apologised to the victim and his family,” Bernama reported Ashok saying.
DPP Razali, however, said the court should impose a sentence “that serves as a deterrent, reminding the accused and society to avoid similar actions”. – November 4, 2024