SEPANG: Malaysian Border Control and Protection Agency (MCBA) director-general Datuk Seri Mohd Shuhaily Mohd Zain today pleaded not guilty to two charges of voluntarily causing hurt to two Special Branch policemen last month.
Shuhaily, 54, charged as a summoned person, claimed trial after the charges were read to him before magistrate Khairatul Animah Jelani.
He was accused of causing hurt to Lance Corporals Muhammad Ekmal Sofwan Driman, 25, and Mohamad Faiz Saman, 40, at Counter J on the fifth floor of KLIA Terminal 1 between 1.27pm and 1.35pm on Sept 28.
The charges were framed under Section 323 of the Penal Code, which carries a maximum jail term of one year, a fine of up to RM2,000, or both, upon conviction.
Shuhaily, who stood near the dock, told the court that he understood the charges and would claim trial.
Dressed in a dark suit, he appeared calm during the proceedings and listened attentively as his lawyers submitted his bail application.
The proceedings drew a packed public gallery, with Port Klang MCBA commander Datuk Nik Ezanee Mohd Faisal among those present.
The prosecution was led by Selangor prosecution director Datuk Ahmad Sazali Omar, assisted by deputy public prosecutors Shahrizat Ismail, Nor Azizah Aling and Nur Aqiilan Ahmad Rofaie.
Shahrizat urged the court to set bail at RM5,000 with one surety for each charge, describing the amount as reasonable.
Shuhaily's lawyer, Kitson Foong, sought a personal bond instead of bail for both charges.
"Only in the alternative, if the court is minded to fix bail in one surety, the amount should be RM1,000 for both charges," he said.
Foong said Shuhaily had served in the police force for 26 years, including as police attaché at the Malaysian embassy in Washington, the United States, and as director of the Federal Criminal Investigation Department.
"He is now the MCBA director-general, a post he holds until today. He lives in Kuala Lumpur.
"He poses no flight risks. As a matter of fact, he takes care of our borders," he said, drawing laughter from the public gallery.
Foong said the alleged offences were bailable and compoundable, and could be settled between the complainants and the accused.
He also asked the court not to impose additional conditions, including surrendering his passport or reporting to a police station.
"The bond sum is sufficient to secure his attendance. That's the most important. Not the profile of the case and not who the complainants are," he said.
Foong also applied for Shuhaily's attendance to be exempted from pre-trial case management. (PTCM)
"Our client's undertaking is that he would not interfere, directly or indirectly, with the complainants," he said.
Co-counsel Datuk Yaacob Md Sam said a personal bond would suffice, describing the case as a special one involving Shuhaily, a police commissioner.
"After receiving a notice issued by the court, he adhered to it as it compelled his attendance.
"He came voluntarily to court because of the notice. He was not under the custody of the police,"he said.
In reply, Shahrizat said the prosecution stood by the proposed bail sum.
"We also ask that the summoned person refrain from harassing the victims," he said.
On the application to exempt Shuhaily from PTCM, he left the matter to the court's discretion but said the prosecution wanted him to attend the trial.
After hearing submissions from both sides, Khairatul Animah set bail at RM1,500 with one surety for each charge and fixed Nov 25 for case management.
She imposed no additional conditions but dismissed the application to exempt Shuhaily from attending PTCM.
Shuhaily was seen entering a holding room after the proceedings. He left the courtroom at 10.16am after a family friend posted bail.
Besides Foong and Yaacob, Shuhaily was represented by Datuk Rosal Azimin Ahmad, Datuk Ahmad Zaidi Zainal, Muhammad Rafique Rashid, Md Yunos Shariff, Datuk Akberdin Abdul Kader, Datuk Baljit Singh Sidhu and Dr Badruzzaman Ishak.
Lawyers Kamal Hisham Ja'afar and Muhammad Nor Tamrin held watching briefs for Faiz and Ekmal, both travel control officers attached to the KLIA district police headquarters.
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