Two local men were recently convicted in the Magistrate’s Court for assaulting a teacher at a local secondary school.
Videos capturing the incident were circulated widely on various social media platforms at the time.
13047 Warrant Officer 2 Mohammad Yusirwan bin Yussof and his brother, Mohammad Yadiy Yusranshah bin Yussof, claimed trial to the charges of voluntarily causing hurt under Section 323 and assault under Section 352 of the Penal Code.
The complainant, Muhammad Afandi bin Sahdun, is a teacher at Sayyidina Abu Bakar Secondary School (SMSAB) in Berakas.
Mohammad Yusirwan, the first defendant and a parent of a student at SMSAB, was charged with voluntarily causing hurt by punching Muhammad Afandi on the left side of the face in the school’s Conference Room, at around 10am on September 16, 2017.
He was also charged with assaulting Muhammad Afandi by making pointing gestures towards him, while shouting.
Meanwhile, Mohammad Yadiy Yusranshah was charged with voluntarily causing hurt to Muhammad Afandi by kicking him in the lower abdomen. He was also charged with making pointing gestures towards the teacher, while shouting.
Magistrate Hajah Noor Amalina binti Dato Paduka Haji Alaihuddin, in assessing the complainant’s evidence as a whole, said, “I take the view that he is a credible witness. His behaviour…does not cast a doubt on his credibility or on the prosecution’s case.
“On the whole, I found that the complainant’s evidence in relation to the incident was generally consistent.
“What I thought was pertinent was that the complainant had maintained, throughout his evidence, that the parts of his body that were hurt were the face and groin; and that these were inflicted by (Mohammad Yusirwan and Mohammad Yadiy Yusranshah) respectively.”
The Magistrate also noted that the defence had submitted that the complainant and the prosecution witnesses had all conspired in fabricating the allegations against the two brothers.
“The defence further submitted that the complainant and the witnesses, in discussing this case, had ample opportunity to plan and concoct their evidence; and are not credible witnesses,” she said.
“In any event, such discussions by the complainant with the witnesses do not amount to collusion and concocting of evidence.
“As I had observed earlier, their testimonies were generally consistent, but were not identical or so closely matched, that would alert one to the possibility of a collusion. I am therefore satisfied that there was no collusion or conspiracy.”
Deputy Public Prosecutor Sharah binti Abdul Hamid prosecuted the case.
The court adjourned the case to January 18, 2020, to hear mitigations from the defendants.