THE Court of Appeal today upheld a RM10,000 fine imposed by the high court on a road bully, known as Abang Botak, for smashing the front windscreen of a car with his crash helmet, after the prosecution withdrew its appeal.

The prosecution had appealed against the RM10,000 fine meted out by the high court against Danial Abdullah Tan, 33, who was initially sentenced to 12 years’ jail by the Petaling Jaya magistrates’ court for the offence.

A panel of three judges, led by Judge Abdul Karim Abdul Jalil, dismissed the prosecution’s appeal after deputy public prosecutor Faizah Mohd Salleh informed the court the prosecution had filed a notice to withdraw the appeal on November 17 last year.

Lawyer Azura Alias, representing Danial, had no objections.

The other two Court of Appeal judges are Lee Swee Seng and Supang Lian.

On January 20 last year, the Shah Alam High Court allowed an appeal by Tan to set aside the 12-year jail sentence imposed by the magistrates’ court on May 31, 2019 and replaced it with fine of RM10,000, in default 12 years’ jail.

Tan, who had pleaded guilty to the charge, paid the fine.

The former store assistant had been charged with committing mischief by smashing the front windscreen of a Perodua Axia  belonging to one Siew Chean Voon, 60, with his crash helmet, causing losses of about RM600, at Jalan  Kasturi, Section 12, Taman Bukit Serdang, Seri Kembangan at 5.30pm on May 28.

He had told the court he was riding his motorcycle when the car came and almost rammed into his machine, adding that in anger, he smashed the car windscreen when the driver gave him the finger.

The act was recorded by the driver using his dash cam. The video subsequently went viral. – Bernama, January 8, 2021.