GEORGE TOWN: The High Court today ordered a traditional Chinese medicine practitioner to stand trial for sending a threatening text message (SMS) to his estranged wife two years ago.
Ee Yuin Chang, 45, of Simpang Ampat, was earlier freed by the Magistrate’s Court after the prosecution failed to prove that the phone used to send the text message was in his possession.
He was charged under Section 507 of the Penal Code for criminal intimidation by an anonymous communication, which carries a seven-year jail term if convicted.
On June 25, 2017, Ee was alleged to have sent a text message in English to his wife, Low Hooi Meng, 43, asking her to return to him their two children or face harm.
The court document said the exact words in the SMS were: “If you don’t return my 2 kids, I will make you until die or make you mad. Legal proceeding its just a drama for make you in trouble.”
Today, High Court judge Akhtar Tahir said an appeal by the prosecution to charge Ee was allowed as the prosecutors had shown that the phone was registered in the accused’s name.
Akhtar said the fact that the text message had come from a mobile number registered to Ee was enough to prove beyond a reasonable doubt that defence should be called.
Ee’s lawyer, S Raveentharan, then argued that his client had never owned the phone or the mobile number used to harass his wife.
He said the mobile number was registered without his knowledge and three police reports were made on this. He said the government had yet to impose a biometric registration for all mobile phone lines at that time.
“Furthermore, the mobile phone used in the alleged commission of the crime was never tendered in court,” he said.
Akhtar then allowed bail of RM4,000 in one surety and ordered the Magistrate’s Court to set a date to hear the case again.
Outside court, Raveentharan said his client will appeal the High Court’s decision.