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Not Wrong To “Ask” If Cop Is Deaf

February 6, 2007

06 Feb 2007
Audrey Dermawan

GEORGE TOWN: A lawyer who was fined RM100 for insulting a traffic policeman was all smiles yesterday after he won an appeal against the conviction and sentence.

High Court judicial commissioner Datuk Abdul Rahim Uda allowed RSN Rayer’s appeal and ordered the RM100 fine paid by the lawyer to be returned.

Rayer, 35, was found guilty by a magistrate’s court on Aug 4 last year of uttering “Hoi, pekak kah?” (Hey, are you deaf?) to traffic policeman Corporal Abdul Rahman Kamarul Hailan in front of a florist shop in Jalan Masjid Kapitan Keling at 1.20pm on July 5, 2003.

The offence, under the Minor Offences Ordinance, carries a maximum RM100 fine.

Abdul Rahim earlier heard submissions by Rayer’s counsel Jagdeep Singh Deo and deputy public prosecutor Abdul Razak Musa on whether the words “Hoi, pekak kah?” uttered by Rayer had caused breach of peace.

He later ruled that the words alone were not likely to cause breach of peace.

“It is part and parcel of a policeman’s job to receive criticisms from the people,” he said.

“I don’t see how the words could have caused breach of peace.”

Jagdeep submitted that there was no evidence of a breach of peace and that the prosecution had failed to prove Rayer had any intention to cause such a situation.

“At the time of the incident, my client was with his infant son and his maid in the car while his wife went to buy some flowers.

“A traffic policeman later walked up to the car, wrote a compound and placed it under the car wiper.

“My client then got down from the car and even introduced himself to the policeman. He had no intention whatsoever to cause breach of peace,” he said.

Abdul Razak maintained that Rayer had caused breach of peace and urged the court to uphold the lower court’s decision.

Rayer later said he was happy with yesterday’s decision and would proceed with a civil suit against the traffic policeman.