PUTRAJAYA: The RM5,000 fine imposed by the High Court against actor-cum-director Farid Kamil Zahari for using criminal force on a policeman is now final.
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This follows the Court of Appeal’s decision today to dismiss the prosecution’s motion for an extension of time to file its notice of appeal to restore a magistrate’s verdict to send Farid to jail.
A three-member bench chaired by Hanipah Farikullah also struck out the appeal following an application by Farid’s lead counsel, Hisyam Teh Poh Teik.
The appeal process ends the matter started in the magistrates’ court.
The prosecution had only filed the motion for the time extension on May 6, but Hisyam submitted that it was done too late in the day.
“There is no full and frank disclosure for the delay in their affidavit. They could not explain the delay,” he said
Hisyam also submitted that the notice was defective as it was not signed.
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He said a court registrar had reminded the prosecution on three separate occasions between December last year and February this year to regularise the defect, but this was not done until May.
“The court should not exercise its discretion in the prosecution’s favour,” he told the panel, which also comprised judges Ahmad Nasfy Yasin and M Gunalan.
The Petaling Jaya magistrates’ court had on June 2, 2020, sentenced Farid to 13 months’ jail for using criminal force against constable Muhammad Nizam Jamaluddin at the Kota Damansara police station. The incident happened at 1.20pm on Jan 11, 2018.
Last year, the Shah Alam High Court substituted the 13-month jail term with a RM5,000 fine, which Farid paid.
The prosecution then filed its notice of appeal against the High Court decision to substitute the jail term with a fine.
Farid was also represented by Kee Wei Lon and Low Wei Loke, while deputy public prosecutor Eyu Ghim Siang prosecuted.-FMT