KUALA LUMPUR – The High Court here will review the case of a man who was fined RM5,000 for slashing the head and left hand of a lawyer, who had earlier rebuked him for not wearing a face mask in a supermarket.
The review review was set before Judge Datuk Collin Lawrence Sequerah today, but M. Samasiveng, 57, was not in court and could not be traced by lawyer T.P Aravind Raj, who represented him at the proceeding of the case at the Selayang Magistrate’s Court.
The review was made in accordance with Section 323 of the Criminal Procedure Code (CPC) which empowers the High Court to call the records of a lower court proceedings and review them.
Aravind Raj told the court that he had been trying to contact Samasiveng, but his calls were not answered, and that he had yet to receive instructions on whether to represent Samasiveng in the review proceedings.
“I have just received notice of this review hearing and I will try to contact Samasiveng on this matter. I apologise for any inconvenience,” he added.
Meanwhile, deputy public prosecutor Mohd Isa Mohamed told the court that the Selangor State Prosecution Office had filed an appeal regarding the case.
Judge Sequerah then ordered the prosecution to assist the police in locating the man and set March 18 for case management.
Last March 11, the Selayang Magistrate’s Court fined Samasiveng RM5,000, in default 11 months’ jail, after he pleaded guilty to a charge of voluntarily causing hurt by dangerous weapon on the lawyer. Samasiveng paid the fine.
He was charged with slashing the lawyer, Gurcharan Singh, 60, at a supermarket in Taman Bersatu Rawang, Gombak here, at 12.45 pm last March 9.
The lawyer received 10 stitches on the head and four stitches on the arm for the injury.
The charge was framed under Section 324 of the Penal Code which carries an imprisonment for up to 10 years or with a fine or whipping or any two of these punishments, if found guilty.
According to the facts of the case, the lawyer and his sister were at the counter of the supermarket to make payment when he rebuked Samasiveng, who was entering the supermarket without wearing the face mask and was smoking.
When Gurcharan Singh was leaving the supermarket, Samasiveng appeared and scolded the lawyer before taking a machete from a car and slashed the victim on the head and left hand.
Samasiveng then fled in a car.