Lawyers for Penang teacher charged with hurting pupil demand medical report

Looi Sue-Chern Looi Sue-Chern Updated 6 years ago · Published on 9 Jan 2018 10:24AM · 2 Comments

Teacher Noor Idzahril Ahmad (fourth from left) seen outside the Jawi magistrate’s court in Nibong Tebal this morning. Re-mention of his case has been set for February 19. – The Malaysian Insight pic, January 9, 2018.

LAWYERS representing a primary school teacher in Nibong Tebal charged with causing hurt to a pupil are seeking to get the charge dropped.

Counsel Mohd Fadhly Yaacob said the prosecution had yet to present documented proof that English teacher Noor Idzahril Ahmad, 52, had injured a Year Three pupil at SK Seri Sentosa.

He said during mention this morning before magistrate Hizween Azleena Othman Kamal at the Jawi court, he told the court that without a medical report, it was premature to charge Noor Idzahril under Section 323 of the Penal Code for causing hurt.

“This is the third time the case has been heard in court. But, there is still no medical report on the pupil. The charge is inconclusive without it.

“For a charge like this, the element of injury must be there. We argue that the charge is premature, and any proceedings should be put on hold until there is a medical report,” he told reporters outside the court.

Reporters were not allowed to enter the courtroom this morning.

Fadhly said the defence had moved to have Noor Idzahril’s case dismissed, but the magistrate decided to give the prosecution a final deadline to present the medical report.

“We will come back for re-mention on February 19. The prosecution is due to present the report then.

“If the prosecution fails to do so, we may have a chance to get a discharge not amounting to an acquittal for the teacher.”

Noor Idzahril had allegedly caused hurt to the 9-year-old in class on August 2 last year.

He claimed trial when he was charged on December 11, and was released on a RM4,000 bail.

If convicted, Noor Idzahril, who continues to teach at the school, faces a jail term of up to one year, or a fine of up to RM2,000, or both.

Also representing the teacher are Wan Nazri Othman and Mohd Irwan Nizam Khorizan.

Deputy public prosecutor Mohammad Uzair Abd Munir appeared for the prosecution.

The case comes on the heels of that of Seremban teacher Azizan Manap, who was charged with slapping an 11-year-old pupil at SK Taman Semarak on April 6 last year.

The 44-year-old teacher was charged under Section 323 of the Penal Code on October 31, but was given a discharge not amounting to an acquittal last month. – January 9, 2018.

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Comments

  • The bottom-line is - "Did the teacher slap the student??". The issue is not the level of injury on the student. Teacher that abuse student is a bully. Stand-up and fight bullying. We had a psychopath quek bully at our company. Within 4 years - the company suffer massive losses, declining sales, low sales agency morale, handful of sexual complaint & plenty of customer complaints on dodgy product. Read more at changenow083.blogspot.com

    Posted 6 years ago by Chris Ng · Reply

  • The charge is inconclusive ? What law is that ? The medical report is just a piece of evidence. Other evidence includes eye witnesses, etc. Which law is it that the evidence must be disclosed when someone is being charged ? So, if the boy did not go to a hospital, there is no offence ? Rubbish.

    Posted 6 years ago by Joe Blog · Reply