Why is Emilia Hanafi warned against using MCs as court excuses?

Question

Accepted Answer

Emilia Hanafi Warned Against Using Medical Certificates as Court Absences

The Magistrates' Court has cautioned Emilia Hanafi, the former wife of Datuk SM Faisal SM Nasimuddin Kamal, against presenting medical certificates (MCs) as a means to avoid court appearances for the trial concerning allegations of injury. This warning was issued by Magistrate Nadia Othman, who also quashed an arrest warrant previously issued against Emilia. The court stressed that MCs are not a license for absence and emphasized the need for proper procedure, such as submitting medical reports to substantiate any claims of ill health affecting her attendance.
Absences and Arrest Warrant Quashed

Emilia Hanafi had failed to appear in court on multiple occasions, leading to the issuance of an arrest warrant on June 15. However, the court decided to revoke this warrant after being satisfied with Emilia's explanations for her repeated absences. Deputy public prosecutor Nur Aishah Ahmad Zakiuddin had applied for the warrant's revocation based on the testimony provided by Emilia.
Medical Conditions Cited for Absences

During her testimony, Emilia detailed several instances of absence between December 14, 2021, and June 15, 2022, attributing them to various medical conditions. These included abdominal pain, vomiting, diarrhoea, fever, and a dental issue, for which she presented MCs from different clinics in Kelana Jaya, Kota Damansara, and Shah Alam. She also mentioned having come into close contact with a Covid-19 case on March 4, 2022, and experiencing stress due to an unrelated arrest warrant from the Syariah Court.
Court's Stance on Case Adjournments

Magistrate Nadia Othman expressed her dissatisfaction with the repeated postponements of the case, noting that it had been set for mention 38 times. She underscored the importance of all parties, including the accused and the complainant, being present for the proceedings to ensure the case's smooth progression. The court reiterated its expectation for attendance and discouraged further excuses.
Background of the Injury Trial

The trial itself involves SM Faisal, who is charged with intentionally causing injury to Emilia at a house in Desa Sri Hartamas, Brickfields. The charge falls under Section 323 of the Penal Code, with potential penalties under Section 326A, which could result in imprisonment, a fine, or both. This legal proceeding is separate from an earlier incident where Emilia was remanded in Kajang Prison for failing to adhere to a Syariah High Court order concerning visitation rights for her children.

Reading history

Hide →

This history is cleared when the page is closed.

Why is Emilia Hanafi warned against using MCs as court excuses?

Loading

Was this article helpful?

Helpful

Not helpful

Report an issue

1

0

0

Share with friends