Daphne Iking: How dare you say I was 'enticed'?!?!

Daphne Iking: The Woman 'Enticed'? Well, the attractive 30-year-old Malaysian celebrity TV presenter surely doesn't think so and she is fighting for her pride (and prehaps, the rest of Malaysian women) that she is not so stupid enough to be enticed lah!

Update on 08/09: A little bit more is finally revealed about this stupid enticing-a-married-woman case!

A businessman who allegedly enticed a celebrity TV presenter has filed an appeal at the High Court for another magistrate to hear his case.

Choy Khin Ming, 44, appealed after magistrate Mohd Faizi Che Abu dismissed his application to have the case heard before a different magistrate.

On Aug 20, celebrity Daphne Iking's husband Chong Yiing Yih, 31, initiated a private summons against the corporate figure under Section 498 of the Penal Code for "enticing or taking away or detaining with criminal intent a married woman".

Choy was charged with enticing Iking, knowing that she was a married woman, with the intention of having sexual intercourse.

He allegedly committed the offence at a condominium unit in Taman Tun Dr Ismail between July 2007 and September last year.

Counsel Wong Kian Kheong is leading the prosecution team on behalf of the celebrity's husband after the Attorney-General's Chambers declined to prosecute, viewing the case as a private matter between a husband and wife.

The matter was then referred to Faizi, who gave sanction for private prosecution.

The appeal by Choy was filed on grounds that Faizi had heard the statement of complaint and issued the summons against him (Choy).

On Aug 21, however, Faizi rejected the request, saying that he had no personal knowledge of the offence and had followed the law to determine whether there were sufficient grounds to issue summons.

Yesterday, Choy's counsel Akbardin Abdul Kader informed the court that the appeal was filed at the High Court on Aug 26.

During the proceedings, Choy was sitting on the last row of the public gallery with a friend. Neither Chong nor Iking were in court.

The defence also insisted on proceeding with the appeal even after Faizi said he has been transferred effective from Oct 1.

"Do you still want to proceed with the appeal? A magistrate will be hearing the trial which will start in December," said Faizi, who has been transferred to the Palace of Justice in Putrajaya.

The court had earlier fixed Dec 9 and 10 for trial.

Wong said the defence should reconsider its appeal as the matter was now academic.

Akbardin replied that under the Criminal Procedure Code anyone who was dissatisfied with any judgment, sentence or order pronounced by any magistrate's court may appeal to the High Court.

Faizi then said his grounds of judgment would be ready in a week. He also recorded an application by the defence for the witness list to be given a month before the trial.

Counsel Ravi Nekoo was present in court on a watching brief for Iking.

Iking was married on Jan 27, 2007, in Bali and has a daughter, Isobel Daniella Iking-Chong, who is now 21 months old. Iking is a TV presenter, host and brand ambassador.

From Asiaone, "Daphne's case: Man files appeal".

Update on 21/10: Archaic law to stay put. Boo!!

The Government has no intention to amend a section of the Penal Code which prosecutes a man for enticing a married woman, the Dewan heard.

Home Minister Datuk Seri Hishammuddin Tun Hussein said in a written reply to Teresa Kok (DAP - Seputeh) that only one such case was reported last year, adding that this was an isolated case.

Kok had asked whether the Government had any plans to amend Section 498 of Penal Code which carries a punishment against any man convicted of “stealing someone else’s wife”.

The section states that a man who enticed, took away or detained with a criminal intent a married woman can be jailed up to two years, fined, or both if convicted.

A high-profile case under the section in question was reported in August involving celebrity Daphne Iking, who was supposedly “enticed” by corporate figure Choy Khin Ming.

Iking’s husband, Ryan Chong, had accused the other man of “enticing or taking away or detaining with a criminal intent a married woman’’, an offence under Section 498 of the Penal Code.

The much-anticipated case will be heard on Dec 9 and 10 at the magistrate’s court in Kuala Lumpur.

This is pending a decision of the High Court for another magistrate to hear the case.

Certain quarters have questioned the constitutionality of the section, saying it was “archaic” and had no place in modern society.

Many thought it was an affront to women to suggest that they could be so easily enticed.

In another written reply, Minister in the Prime Minister’s Department Datuk Seri Nazri Abd Aziz told Kok that from 2005 to last month, police had opened a total of 58 investigation papers nationwide on complaints that Malaysian Anti Corruption Commission officers had used violence on suspects.

“Up to now, no MACC officers had been charged or faced disciplinary action following investigations,” he said.

He also noted that it had become a trend for suspects detained by the MACC to lodge a police report against the body right after they were released.

“This is to prevent their confession from being used as evidence in court later. It could also be a way to get sympathy and to give an impression that the MACC is a cruel enforcement agency,’’ he added.

MACC will soon have the interview rooms fitted with recording device, CCTV and computer facilities in each MACC office.

It would also have comprehensive training for MACC officers to be familiar in investigative interviewing.

From The Star Online, "Archaic law to stay put


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