PRESENT POINT POWER

Witness identifies Nik Sapeia; 13 Mar 2007; By Sulaiman Jaafar; NST

KOTA BARU: The magistrate’s court here was told that businessman Datuk Nik Sapeia Nik Yusof was seen spraying a small canister of gas at the occupants of a Mitshibishi Pajero. The witness, restaurant operator Wan Muhammad Hafiz Wan Awang, 26, said former prime minister Tun Dr Mahathir Mohamad was in the vehicle. Wan Muhammad Hafiz from Pasir Pekan, Tumpat, told the court he recognised the man who sprayed the cannister (containing pepper spray) as Nik Sapeia. When asked by deputy public prosecutor Raja Rozela Raja Toran whether the man was in court, the witness pointed towards Nik Sapeia, who was in the dock.

ABOVE: Datuk Nik Sapeia arriving with his wife Datin Dr Suriani Yahya

Nik Sapeia was charged with causing hurt to Dr Mahathir, Datuk Ibrahim Ali, Md Nasir Muda and Shukri Shahidan with a dangerous weapon by using a spraying instrument at Sultan Ismail Petra Airport in Pengkalan Chepa on July 28 last year. Nik Sapeia also faced four separate alternative charges of causing hurt to Dr Mahathir, Ibrahim, Md Nasir and Shukri at the same time and place. The witness said he saw Nik Sapeia spraying the cannister with his right hand but did not know where he took it out from. "I hit his hand and asked him why he did it. He uttered some gibberish," Wan Muhammad Hafiz said. Cross-examined by defence lawyer Zainal Abidin Mustaffa, Wan Muhammad Hafiz said he was Ibrahim’s nephew and was not a member of any political party. He was a committee member of the Kelantan People’s Action Council, one of the organisers of Dr Mahathir’s visit to Kelantan.

Earlier, Ibrahim, who was the first witness, said the council of which he was president, had organised a dinner for Dr Mahathir in Kota Baru on that day. Ibrahim said Dr Mahathir had arrived about 11am and was taken to the Pajero so that he could address the crowd, when the incident occurred. "I had difficulty breathing and my eyes were burning. I thought I had suffered a heart attack as I had recently undergone an angioplasty. "Dr Mahathir dropped the loud hailer he was holding and sat down and said his eyes were hurting. I then shouted for Dr Mahathir to be taken to another vehicle," he said. The trial before magistrate Mohd Azman Mustapha continues today.

Pepper spray charge stays, says court

12 Mar 2007; Sheridan Mahavera; NST

KOTA BARU: Lawyers for the businessman accused of attacking Tun Dr Mahathir Mohamad with pepper spray failed to get the case dismissed. The lawyers for Datuk Nik Sapeia Nik Yusof filed a preliminary objection on the grounds that the prosecution did not follow proper procedures. But magistrate Mohd Azman Mustapha rejected it. At the magistrate’s court, counsel Zainal Abidin Mustaffa had argued that the prosecution erred when it submitted a summons for Nik Sapeia to appear before court to face a charge under Section 324 of the Penal Code.

The charge stated that Nik Sapeia had allegedly caused hurt to four people, including the former prime minister, with a dangerous substance through the use of a spraying instrument. The charge carries a maximum three-year jail term, a fine or whipping. "This charge requires an arrest, but instead of issuing an arrest warrant, my client was given a summons. "If the court continues to hear this case, we would be a laughing stock because this charge requires an arrest and not a summons.

"So I appeal to the magistrate to dismiss this case as it is prejudicial to my client and release him," Zainal Abidin told the court. In her reply, deputy public prosecutor Raja Rozela Raja Toran argued that the charge against the accused was still valid since legal principles stated that the court had jurisdiction to try him irrespective of the manner in which he came before the court. Raja Rozela said this was made clear in the case of Public Prosecutor v Liew Choo Kwong and others (1962) and Saminathan v Public Prosecutor 1937.

In dismissing the objection, Mohd Azman said while he agreed with the defence that an arrest warrant was required and not a summons, and that the police had not followed proper procedures, the court was of the opinion that this did not prejudice the accused. Zainal Abidin said he would seek a review of the magistrate’s decision from the Kota Baru High Court. Azman agreed to postpone the hearing until today so that Zainal Abidin can seek a revision. In the incident on July 28 last year, Dr Mahathir was hit with a gust of pepper spray as he was giving a speech from the sunroof of a vehicle at the Sultan Ismail Petra Airport.

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The Datuk arriving with his lawyers, wife & 2 Children (behind)

Businessman Datuk Nik Sapeia Nik Yusoff claimed trial to a charge of spraying a substance towards former Prime Minister Dr Mahathir last month. He was charged under Section 324 of the Penal Code is liable to a maximum three years' jail or a fine or both.

He was charged in the Kotar Bahru Magistrate court for the offence also allegedly committed on three others. He was alleged committed the offence at the Sultan Ismail Petra Airport on 28^th July 2006.

here is the Bernama'saccount.
Nik Sapeia Charged With Voluntarily Injuring Dr Mahathir; Aug 09, 06 19:54 PM

KOTA BAHARU, Aug 9 (Bernama) --Businessman Datuk Nik Sapeia Nik Yusoff, 53, was charged in the Magistrate's Court here Wednesday with voluntarily injuring four people including former Prime Minister Tun Dr Mahathir Mohamad on July 28.

He is charged under Section 324 of the Penal Code for injuring them by spraying a substance which posed a danger to the body when inhaled.

The three other victims are former Pasir Mas member of Parliament Datuk Ibrahim Ali, Mohd Nasir Muda and Suberi Sahidan.

Nik Sapeia who was represented by counsel Zainal Abidin Mustaffa and Ilias Md Nor, claimed trial.

Magistrate Tengku Amalin A'ishah Putri who is the Sultan of Kelantan's only daughter, fixed Nov 22 for a re-mention. She allowed Nik Sapeia bail of RM8,500.

The prosecution was conducted by Deputy Public Prosecutor Shahidani Abd Aziz.

If convicted, Nik Sapeia is liable to a maximum three years' jail or a fine or both.

The incident happened at about 11am when Dr Mahathir was about to give a speech to a crowd upon his arrival at the Sultan Ismail Petra Airport.

It drew public attention nationwide including Prime Minister Datuk Seri Abdullah Ahmad Badawi who immediately ordered the police to investigate.

Nik Sapeia was arrested the next day and placed under remand for four days.

The Datuk left the Court house at about 5 pm after posting RM8500 bail

He arrived at the courthouse at 3.50pm wearing a black suit without a tie accompanied by his counsel, wife and two children, and left at about 5pm in a black four-wheel drive after posting the bail. and following is the media NST account and other details:

Pepper Spray Incident: Nik Sapeia charged with causing hurt ;10 Aug 2006

KOTA BARU: Businessman Datuk Nik Sapeia Nik Yusof was charged yesterday over an incident in which former Prime Minister Tun Dr Mahathir Mohamad was hit by pepper spray. He was charged with voluntarily causing hurt with a dangerous substance through the use of a spraying instrument. Apart from Dr Mahathir, Nik Sapeia was alleged to have caused hurt to three others at the Sultan Ismail Petra airport about 11am on July 28. Nik Sapeia, 53, arrived an hour before the magistrate’s court closed for the day.

He was accompanied by his wife, Dr Suriani Yahya, son Nik Fatani and daughter Marina. As journalists, supporters and Special Branch policemen packed the court’s small public gallery, the accused took a seat in the dock and was seen calmly reciting prayers while waiting for proceedings to begin. Nik Sapeia, represented by Zainal Abidin Mustaffa and Illias Md Nor, was charged before magistrate Tengku Amalin A’ishah Putri Sultan Ismail Petra. Besides hurting Dr Mahathir, 81, he was also charged separately with hurting former Pasir Mas Umno leader Datuk Ibrahim Ali, 55, Mohd Nasir Muda, 45, and Suberi Sahidan, 48, at the same time and place. He pleaded not guilty to all charges.

If convicted, the former Kuala Krai Umno division faces a maximum jail term of three years, whipping, a fine or any of the above.It is understood that the four hurt were in the same vehicle when they were hit by the pepper spray. Deputy public prosecutor Shahidani Abdul Aziz applied for RM10,000 bail. However, Zainal Abidin objected to this, suggesting RM7,000 bail as his client was facing a summons charge. Tengku Amalin A’ishah Putri set bail at RM8,500, which was posted by Nik Fatani, pending mention on Nov 22. Nik Sapeia and his family were rushed out of the court complex about 5pm in a black MPV . Nik Sapeia was detained on the eve of July 28, some 10 hours after Dr Mahathir was hit by a gust of pepper spray when he arrived at the airport. Dr Mahathir was addressing a crowd of supporters from the sunroof of a four-wheel drive when the incident occurred. Nik Sapeia was released from police custody three days after he was detained.

= == = = For background read, Go H E RE ON

Dr MAHATHIR-SPRAYED with PEPPER IRRITANT Before SPEECH on ARRIVAL; “DESPERATE ATTACK, Our PEOPLE NON-VIOLENT”; 4 Confirmed ARRESTED