GEORGE TOWN, Aug 20 — The wife of Pantai Jerejak assemblyman Fahmi Zainol has urged the Balik Pulau magistrates’ court to dismiss a case of voluntarily causing hurt against her husband.

Nur Hidayah Abd Jabar told the court during the first day of the hearing today that she had withdrawn her initial police report and wished for the case to be dropped.

“I don’t want to prolong this case as what happened was due to a misunderstanding, he did not mean to hurt me as there was a fight between us which resulted in me getting hurt from the fight,” she testified today.

Fahmi, 35, was charged with voluntarily causing hurt to Nur Hidayah, 35, at their home in Persiaran Pantai Jerejak 11, Bayan Lepas, at approximately 10pm on February 22.

Nur Hidayah informed the court that while she lodged a report against Fahmi on the morning of February 23, she filed a second report that same night to withdraw the complaint. She further said that she had lodged a third report expressing her dissatisfaction that the police proceeded with the charges despite her request for withdrawal.

As the sole witness called to testify today, Nur Hidayah’s testimony prompted Deputy Public Prosecutor Ikmal Affendi Zulkifly to apply for a new hearing date to seek further instructions from the Attorney General’s Chambers.

Defence counsel Shamsher Singh Thind objected to the delay, arguing that the case no longer had a basis to proceed. He contended that the complainant’s testimony indicated a struggle had occurred and that the accused had acted in self-defence without the intent to injure.

Shamsher cited several legal precedents regarding the dismissal of groundless charges when the prosecution fails to present sufficient evidence.

However, Ikmal countered that the facts of those cases differed, as the prosecution had already called its first witness. He further clarified that a victim's withdrawal of a police report does not automatically strip the prosecution of its authority to continue a case, as the decision to prosecute is not solely dependent on the victim's wishes.

Magistrate Chia Huey Ting ruled that the prosecution is entitled to seek further instructions from the Attorney General’s Chambers, noting that today was only the first day of the trial.

The court has fixed September 10 for the trial to resume, with all required witnesses ordered to attend should the prosecution decide to proceed.

Fahmi was charged under Section 323 of the Penal Code, read together with Section 326A for offences involving a spouse. He pleaded not guilty when first charged on February 27. Upon conviction, the offence carries a maximum jail term of two years, a fine of up to RM2,000, or both.