KOTA BARU, 19 Jan 2009: A student from Pondok Pasir Tumboh here today opted to serve two days behind bars for riding a motorcycle wearing not a helmet but a turban two years ago.
Ahmad Nasir Darus, 28, was initially fined RM90 by Magistrate Tengku Amalin A’Ishah Putri Sultan Ismail Petra who found him failing to cast reasonable doubt on the prosecution case.
However, he refused to pay.
His lawyer, Ahmad Rizal Effande Zainal, pleaded to the court for a stay of execution of the order pending an appeal with the High Court but Tengku Amalin turned down his request.
Ahmad Rizal told reporters later that his client opted jail because of his principle and had maintained that he did not commit any offence.
When Nasir was led to a police vehicle which would take him to prison, about 100 colleagues shouted “Allahu Akbar” several times and recited a prayer.
During the proceedings earlier, most pondok students were barred for entering the courtroom because their did not wear shoes. The police also had to limit the number of people to prevent overcrowding.
Nasir was issued with a summons at 6.30pm on 20 Sept 2007 along Jalan Pasir Tumboh here for riding a motorcycle without a helmet contrary to Rule 4 of the the Motorcycles (Safety Helmets) Rules 1973.
The offence is punishable under Section 119(2) of the Road Transport Act 1987 read with Section 128(1) with a fine of up to RM2,000 or six months’ jail.
When he appeared in court on 4 Nov 2007, Nasir pleaded not guilty but on 15 Sept last year, the court found the prosecution had established prima facie case against him.
The prosecution was conducted by Chief Inspector Mohd Yusri Mamat. — Bernama
