KUALA LUMPUR: A 37-year-old delivery rider escaped jail after being fined RM2,000 by the Magistrate's Court here today, for assaulting Twentytwo13 editor Haresh Deol during an attack in Bangsar last November.
Magistrate Aina Azahra Arifin imposed the fine on R. Krishnan and ordered him to serve three months' jail in default of payment.
Krishnan was charged on Nov 28 last year, along with another suspect who remains at large, with voluntarily causing hurt to Haresh in front of the Tanjung Balai Group building on Nov 25.
The charge, framed under Section 323 of the Penal Code, carries a maximum jail term of one year, a fine of up to RM2,000, or both.
Krishnan pleaded guilty and was out on bail prior to sentencing. He paid the fine today, which was equivalent to his bail amount.
Earlier, Deputy Public Prosecutor Hench Goh urged the court to impose a heavy sentence, saying closed-circuit television (CCTV) footage showed that the accused and another individual still at large had acted deliberately in causing harm to Haresh. Goh said injuries sustained by Haresh were not minor, involving soft tissue damage and swelling to the face and body.
"The complainant was assaulted in broad daylight. Such attacks instil fear among the public and undermine their sense of safety in public spaces. A heavy and deterrent sentence is necessary to uphold public confidence and safety," Goh said.
Krishnan's lawyer, Mohamad Salihen Mastor, said his client was a father of five and the sole breadwinner of his family.
"He pleaded guilty to the offence. While public interest is paramount, I urge the court to exercise its discretion and impose a proportionate sentence," Mohamad Salihen said during mitigation.
Representatives from the Malaysian Media Council, the Centre for Independent Journalism (CIJ), the National Press Club Malaysia (NPC), non-governmental organisation, Aliran, and Julang Podcast were present in court in solidarity with Haresh.
Haresh, an award-winning journalist and deputy president of the NPC, has been reporting extensively on sports integrity issues, including the doctored documents scandal involving the Football Association of Malaysia and seven heritage footballers who were fined by Fifa. FAM has since appealed the decision to the Court of Arbitration for Sport.
It was previously reported that on the day of the attack, Haresh had just concluded a meeting and was walking towards his car when he noticed two men approaching him. Sensing danger, he ran but was knocked down by a third man.
He fell to the ground as the two men kicked and punched him, while another assailant recorded the assault on a mobile phone. The attackers then fled without taking any belongings.
Haresh lodged a police report at a nearby police beat and his statement was later recorded at the Brickfields District Police Headquarters. He suffered facial bruising and bleeding injuries to both elbows.
Krishnan was arrested the following day and remanded for three days.
The assault drew nationwide condemnation, including from Prime Minister Datuk Seri Anwar Ibrahim and Communications Minister Datuk Fahmi Fadzil.
Speaking to reporters after the proceedings, Haresh thanked members of the media and press organisations who attended the hearing.
"First and foremost, I would like to thank all my brothers and sisters in arms who are here today, namely the Malaysian Media Council, CIJ, NPC and each and every one of you for coming.
"As you all know, the accused was sentenced to a RM2,000 fine and no jail time. To be honest, I do not know what to say. If you were in my shoes, how would you feel?"
Haresh said investigations were still ongoing, with two other suspects yet to be arrested.
"As far as I am concerned, the investigations are still ongoing as there are other suspects out there. I will leave that to the cops," he said.