Penang Syariah High Court Judge acquitted of close proximity charge

The Syariah High Court here today, acquitted and discharged Penang Syariah High Court Judge Adam Tumiran and partner Nurul Izani Mat Isa from charge of close proximity in December, four years ago, after finding they were husband and wife.

Syarie Judge Zaim Md Yudin made the decision after finding that the defence managed to raise a reasonable doubt on the prosecution's case.

"The court finds that there is no doubt on the certificate of marriage submitted by the defendants and it can be accepted in this court. The documents submitted are complete and acknowledged by the Syariah High Court in Johor Baharu after being satisfied with the evidence shown.

"The court is satisfied that the defendants have managed to raise reasonable doubts against the prosecution.

"The court is also reminded that this judgment is based on verifiable facts disclosed in this court, and the rest is up to the Almighty. Therefore, I order both of the defendants to be acquitted and discharged...case closed," he said.

Zaim also ordered the RM1,000 surety for each of the defendants to be returned to them.

Adam, 46, and Nurul Izani, 37 who works as a financial advisor in Kuala Lumpur, were charged with committing the offence on Dec 5 2010 at 2.05AM at 18B, Kuarters Kerajaan Negeri, Jalan Masjid Negeri, here.

Adam was charged according to Section 27(a) of the Penang Syariah Criminal Offences Enactment, whereas Nurul Izani was charged according to Section 27(b) of the same enactment which brought a punishment of a fine of not more than RM3,000 or a jail term of not more than two years, or both, if found guilty.

The prosecution was handled by the Deputy Syarie Prosecutor Mohd Najmuddin Mustafa and Mohd Fahmi Mohd Idris, whereas both the defendants were counseled by lawyers Ahmad Munawir Abdul Aziz, Wan Faridulhadi Mohd Yusoff and Rosdee Razak.

Meanwhile, Ahmad Munawir, during his interview after the case, said that he was thankful that this case was over and he hoped that the prosecution did not appeal further.

"I hope there is no more appeal after this. Earlier, the appeal was done on a technical issue, and now, the issue raised is in our favour. Adam has been suspended for almost four years, so I hope there is no more appeal to further lengthen this case," he said.

On May 17, 2012, the Penang Syariah High Court acquitted and discharged both the defendants of the close proximity charge, after Syarie Judge Othman Ibrahim recognised the decision made by the Kota Tinggi Syariah High Court in Johor, which validated the fact that Adam and Nurul Izani were lawfully wedded when they were caught being in close proximity on Dec 5 2010.

However, following an appeal from the prosecution, Syariah Appeals Court ordered the case to be tried again in the Syariah High Court.