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The Shah Alam High Court has sentenced a man to four months' jail, overturning an earlier ruling by the Kajang Magistrate's Court that imposed a RM5,500 fine for assault earlier this month
The incident, which took place on 8 February, went viral after a one-minute video showed the accused repeatedly punching and kicking an elderly driver.
According to FMT, Justice Aslam Zainuddin imposed the jail sentence on Saiful Adli Yusof, 52, in a revision hearing today, 25 February, involving two charges of voluntarily causing hurt and criminal intimidation against Liew Khoon Foo, 70.
The court exercised its powers under Section 323 of the Criminal Procedure Code to set aside the earlier fine imposed on 10 February.
"You are sentenced to four months' imprisonment from today. For both charges, the sentences are to run concurrently," said the judge.
In his judgment, Aslam described Saiful's actions as unjustified and serious.
In his victim statement today, Liew told the court he is traumatised by the incident and now fears leaving his home and driving
He said he required six stitches to his tongue after the attack, which made eating difficult, and denied intentionally crashing into Saiful's vehicle.
"I had no intention of hitting his car. Perhaps my age contributed to the incident and a police report was lodged over the accident.
"I fear he may hold a grudge and look for me again. I plead for a commensurate sentence," he said.
In mitigation, defence counsel Syakir Haznal said Saiful initially tried to resolve the situation by knocking on Liew's car door before the altercation escalated
He added that his client had already pleaded guilty and was fined a substantial amount by the lower court.
Speaking from the dock, Saiful claimed he lost control after the collision, alleging that the impact caused his 3-day-old baby to slip from his wife's arms.
"I honked, but he kept driving, even running a red light. I chased him for about 500m. At the time, I was on my way to get a breast pump," he said.
However, deputy public prosecutor Shahrul Ekhsan Hasim described Saiful's actions as cruel, pointing to video evidence showing Liew being kicked multiple times, punched, and pinned against a car door.
"This country has laws. The respondent's actions were those of a road bully, acting recklessly and out of anger. We ask the court to impose a sentence that serves as a lesson," he said.
