KUALA LUMPUR: A jobless man, who came under the limelight after a handphone theft at Low Yat Plaza last year, and his friend were given a discharge not amounting to an acquittal on an assault charge.
Magistrate Nur Aminahtul Mardiah Md Nor made the decision after the main witness decided against continuing his testimony.
The hearing in the case against Shahrul Anuar Abdul Aziz and his friend Shameer Zaidi was scheduled for today.
Hamizan Hamzah, the witness and also the victim of the assault, told the court he did not want his family to attend court every time there was a hearing.
They were living far away and he did not want to trouble them, he explained.
He said “no one forced me to stop testifying”.
Deputy Public Prosecutor Siti Hajar Ashif argued that although the witness did not wish to give his statement, “the case can still continue”.
Shahrul and Shameer claimed trial under Section 324 of the Penal Code to voluntarily causing hurt to Hamizan, using a parang this year.
Shahrul has two previous convictions for stealing a RM800 phone at Low Yat and drug abuse.
He was jailed four months and fined RM1,000 for stealing and fined RM2,000 on the drug charge.
Shahrul has yet to serve his jail sentence as he’s appealing.