JOHOR BARU, Feb 7 — The High Court here today scheduled a hearing for February 25 regarding a 42-year-old trader’s request to suspend his 10-year prison sentence for causing serious injury that put his pregnant former wife in a coma.
Judge Abu Bakar Katar set the date after hearing submissions from Deputy Public Prosecutors Juanita Mohd Said and Siti Fatimah Yahya, as well as counsels Kamal Hisham Jaafar and Muhammad Nor Tamrin, who represented the applicant, Rosmaini Abd Raof.
Rosmaini has sought to suspend his prison sentence while he appeals his conviction and sentence, which will also be heard and decided by the High Court.
Earlier, Kamal Hisham, representing Rosmaini, argued that exceptional circumstances warranted a suspension of the prison sentence.
“The special circumstances are that this is the applicant’s first offence and there are also complex legal issues, namely the contradiction between the sworn statement and the police report by the prosecution’s witness that must be decided by the court.
“The third legal issue is that during the trial in the Sessions Court, there were no eyewitnesses who saw how the victim was seriously injured,” argued the prominent lawyer.
Meanwhile, Juanita said that the circumstances presented by the applicant’s counsel were not exceptional or unusual, but rather common, and had already been addressed by the Sessions Court judge.
She added that the victim in the case gave birth to her child while comatose and is now bedridden due to the severe injuries she sustained.
“This case has shocked the community and continues to attract public attention.
“If the court considers this to be the applicant’s first offence, without considering the serious nature of the case, it could fuel public anger and undermine confidence in our judicial system,” she said.
On December 9 last year, Rosmaini was sentenced to 10 years in prison by the Sessions Court for causing serious injuries to his 47-year-old ex-wife, Jahidah Nordin @ Sylvester, which left her in a coma around four years ago.
Sessions Court Judge Fatimah Zahari made the ruling following the defence’s case, after a trial that spanned more than three years, with 11 prosecution witnesses called. She concluded that the prosecution had proven the case beyond reasonable doubt.
Previously, Rosmaini had been accused of injuring Jahidah by hitting her head, face, and hands, and stomping on her back. The alleged offence took place at an apartment on Jalan Tani, Kampung Aman, Larkin, at around 6am on May 4, 2021.
Jahidah’s baby, Eshan Nufail, was safely delivered via Caesarean section on November 30, 2021.
The case shocked the nation, as the victim had ended up in a coma while pregnant.
