Change of plea application by trio dismissed

KUALA LUMPUR: The Syariah High Court here today dismissed an application by three individuals charged with propagating Millah Ibrahim@Abraham, a religious teaching, to change their plea to "not guilty".
Mohamad Harizal Kamarudin, 37, and his wife, Nur Ridah Osman, 27, and Kamarudin Annuar, 48, had earlier pleaded guilty to the charge.
On Jan 8, they applied to change their plea on grounds that they were unclear about the nature and consequences of a guilty plea.
Syarie Judge Ibrahim Deris in his ruling said the court did not have the jurisdiction to alter the decision made by the accused themselves.
He said the ruling was also consistent with Section 96 of the Syariah Criminal Procedure (Federal Territories) Act 1997.
Section 96 states: "If the accused pleads guilty to a charge, whether as originally framed or as amended, the plea shall be recorded and he may be convicted thereon."
"Provided that before a plea of guilty is recorded, the Court shall ascertain that the accused understands the nature and consequences of his plea and intends to admit, without qualification, the offence alleged against him.
"Therefore, the guilty plea in this case cannot be withdrawn and the conviction on the three accused is maintained," he said.
The judge set Feb 12 for sentencing.
Earlier, the judge issued a warrant of arrest against the couple for being absent in today's proceeding without a valid reason.
Syarie prosecuting officer Zainor Rashid Hassin represented the Kuala Lumpur Islamic Religious Department, while the three accused were represented by counsel Zaini Zainol.
Kamarudin is accused of illicitly promoting the doctrine or teaching of Millah Ibrahim@Abraham at a business premises at Jalan 2/142A, Megan Phoenix, Jalan Cheras here, between 9 pm and 9.25 pm on Oct 20, 2014.
Mohamad Harizal and Nur Ridah are accused of abetment, at the same place and time.
Kamaruddin faces Section 5 of the Syariah Criminal Offences (Federal Territories) Act 1997, which carries a maximum fine of RM3,000 or two years' jail, or both, upon conviction, while the couple face Section 43(b), which carries the same penalty. – Bernama