High Court upholds 10-year jail for businessman who assaulted ex-wife into coma in Johor

High Court upholds 10-year jail for businessman who assaulted ex-wife into coma in Johor

JOHOR BARU, Nov 4 — The High Court here today upheld a 10-year jail sentence against a 42-year-old businessman for causing serious injuries to his third ex-wife, leaving her in a coma about four years ago.

Judge Atan Mustaffa Yussof Ahmad dismissed an appeal by Rosmaini Abdul Raof against the Sessions Court’s decision on December 9 last year, which found him guilty and sentenced him to 10 years’ imprisonment.

In the same proceedings, Atan Mustaffa also dismissed a cross-appeal by the prosecution seeking a longer jail term.

In his judgment, the High Court judge said the Sessions Court had not erred in accepting prosecution witness SP1 as a credible witness.

“The appearance of the two dubious exhibits D45 and D47 was only presented after the accused (Rosmaini) was called to defend himself and, during the trial of more than two years, this ‘new version’ was never presented by any prosecution witness,” he said.

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Atan Mustaffa said the accused was the only person with access to the apartment where the incident took place, and had admitted to SP1 that he had beaten his wife, Jahidah Nordin, 47, with his hands.

“Based on the medical report, it also showed that the victim suffered severe brain injuries and required surgery, in addition, the accused also tried to flee when arrested by the police,” he said.

The judge said the High Court would not interfere with the Sessions Court’s sentencing.

“The prosecution argued that a 10-year prison term was too light compared to the serious injuries suffered by the victim.

“Although the court sympathises with the victim, who is currently in a state of needing continuous care as a result of the accused’s actions, the court is not satisfied to interfere with the decision of the Sessions Court regarding the length of the sentence,” he said.

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Deputy public prosecutors Siti Fatimah Mamu and Umar Faiz Abdul Kohar appeared for the prosecution, while Rosmaini was represented by lawyers Kamal Hisham Jaafar, Muhammad Nor Tamrin and Nurainaa Kamilah Zalizan.

Muhammad Nor then applied for a stay of execution while a notice of appeal is filed to the Court of Appeal. The court allowed the application.

However, bail was raised from RM15,000 to RM25,000, with two existing conditions — reporting to the nearest police station once a month and refraining from harassing the victim or prosecution witnesses — were maintained.

On February 25, the High Court here allowed Rosmaini’s earlier application to stay his sentence pending the appeal.

He served 79 days in jail after being convicted and sentenced by the Sessions Court.

On June 17, 2021, Rosmaini was charged at the Sessions Court with intentionally causing injury to his then-pregnant third ex-wife by hitting her head, face and hands, and stomping on her back, causing serious injuries. He pleaded not guilty.

Jahidah, a former government department officer, received initial treatment in the intensive care unit of Sultanah Aminah Hospital before being transferred to Tuanku Ja’afar Hospital in Seremban.

She later delivered a baby boy, Eshan Nufail, by caesarean section on November 30, 2021, but the child was found to have disabilities.