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Lawyers for Penang teacher charged with hurting pupil demand medical report

LAWYERS representing a primary school teacher in Nibong Tebal charged with causing hurt to a pupil are seeking to get the charge dropped.

Counsel Mohd Fadhly Yaacob said the prosecution had yet to present documented proof that English teacher Noor Idzahril Ahmad, 52, had injured a Year Three pupil at SK Seri Sentosa.

He said during mention this morning before magistrate Hizween Azleena Othman Kamal at the Jawi court, he told the court that without a medical report, it was premature to charge Noor Idzahril under Section 323 of the Penal Code for causing hurt.

“This is the third time the case has been heard in court. But, there is still no medical report on the pupil. The charge is inconclusive without it.

For a charge like this, the element of injury must be there. We argue that the charge is premature, and any proceedings should be put on hold until there is a medical report,” he told reporters outside the court.

Reporters were not allowed to enter the courtroom this morning.

Fadhly said the defence had moved to have Noor Idzahril’s case dismissed, but the magistrate decided to give the prosecution a final deadline to present the medical report.

“We will come back for re-mention on February 19. The prosecution is due to present the report then.

“If the prosecution fails to do so, we may have a chance to get a discharge not amounting to an acquittal for the teacher.”

Noor Idzahril had allegedly caused hurt to the 9-year-old in class on August 2 last year.

He claimed trial when he was charged on December 11, and was released on a RM4,000 bail.

If convicted, Noor Idzahril, who continues to teach at the school, faces a jail term of up to one year, or a fine of up to RM2,000, or both.

Also representing the teacher are Wan Nazri Othman and Mohd Irwan Nizam Khorizan.

Deputy public prosecutor Mohammad Uzair Abd Munir appeared for the prosecution.

The case comes on the heels of that of Seremban teacher Azizan Manap, who was charged with slapping an 11-year-old pupil at SK Taman Semarak on April 6 last year.

The 44-year-old teacher was charged under Section 323 of the Penal Code on October 31, but was given a discharge not amounting to an acquittal last month. – January 9, 2018.

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