Penang Syariah High Court judge freed of close proximity charge
GEORGE TOWN, May 17 — Penang Syariah High Court judge Adam Tumiran, 44, and his partner Nurul Izani Md Isa, 35, were acquitted by the Syariah High Court here today of a charge of close proximity.
Syarie judge Othman Ibrahim made the decision after recognising a decision from the Kota Tinggi syariah court in Johor which confirmed both the accused were husband and wife when they were found in close proximity on December 5, 2010.
“According to section 75 (3) of the Islamic Religious Administrative Enactment, a judgment order issued by any court is valid and the High Court here can recognise the order,” he said.
Othman also ordered the bail of RM2,500 for each of the accused be returned.
Adam and Nurul Izani, a financial adviser in Kuala Lumpur, were charged with committing the offence at the state government quarters in Jalan Masjid Negeri here on December 5, 2010 at 2.05am.
Adam was charged under section 27 (a) of the Penang Criminal Offence Enactment while Nurul Izani was charged under section 27 (b) of the same enactment.
Both the sections provided for a fine not exceeding RM3,000 or jail not exceeding two years or both, if found guilty.
Counsel Ahmad Munawir Abdul Aziz, for both accused, said they did not have the opportunity to furnish confirmation of their marriage during the incident as they were married abroad.
“Subsequently, both the accused had submitted an application confirming their marriage and the confirmation had been accepted by the court in Johor. So, the court decided that the Penang High Court is bound by the confirmation of the marriage order,” he said.
Asked why the application to confirm the marriage was done in Johor, he said the court in Johor had the jurisdiction to entertain and accept the application to confirm the marriage as the accused are from Johor. — Bernama