The High Court on Monday ordered for Hamzah bin Pehin Orang Kaya Kesuma Dato Paduka Haji Ali to immediately serve his three-year jail sentence after shooting down the appeal.
Hamzah was found guilty by Magistrate Hajah Ervy Sufitriana binti Haji Abdul Rahman and handed the sentence.
Prosecutor Ahmad Firdaus Mohammad’s case against Hamzah which the court found to have proven beyond reasonable doubt were for causing affray in disturbance to public peace; possessing a katana in a public place with intent to use it offensively; and exhibiting threatening behaviour by hitting a person with a metal rod and brandishing a katana in breach of public peace.
However, the court allowed a stay of execution of sentence pending appeal.
At the appeal heard before Judicial Commissioner Muhammed Faisal bin Pehin Datu Juragan Laila Diraja Colonel (Rtd) Dato Seri Pahlawan Haji Kefli where Hamzah, represented by lawyer Lieutenant Colonel (Rtd) Harif Ibrahim, challenged the Magistrate’s Court findings on convicting Hamzah and the sentence passed on technical grounds.
The High Court found the Magistrate to have correctly come to conclusions during the trial and the sentence to be quite lenient instead.
“Society is quite abhorrent to this kind of violent behaviour,” said Judicial Commissioner Muhammed Faisal as he ordered the appellant immediately serve his sentence.
The court disbelieved Hamzah’s defence saying that he had acted out of self-defence, and found that he was the main aggressor.
Hamzah had armed himself with a katana and a metal rod when he went to a house in Kampong Setia ‘A’ at 3am on March 21, 2021.
The victim, named Bunut, was attending a live band performance at a house, and stood by the roadside with his friends when the defendant approached him, followed by the defendant’s friends.
The defendant swung the metal rod and hit Bunut on the head. The defendant pointed and swung the katana at Bunut.
Soon after, the defendant’s son who was among his friends, shouted at Bunut, causing him to run to the middle of the road and fell down.
The defendant approached Bunut who was being helped by his friends and then Bunut went to his car. When one of Bunut’s friends, the second victim, stepped forward, the defendant gave him a headbutt, which prompted him to say, “Just you wait Hamzah.”
The second victim then went up to Bunut and both fled the scene. – Fadley Faisal
