Fadley Faisal

Two brothers face imprisonment or fines, after being recently convicted in the Magistrate’s Court of assaulting a secondary schoolteacher.

Yesterday, 13047 Warrant Officer 2 Mohammad Yusirwan bin Yussof and Mohammad Yadiy Yusranshah bin Yussof pleaded for leniency from the court.

Defence counsel Sheikh Noordin Sheikh Mohammad pleaded for the court’s consideration in sentencing, as both charges against the defendants are “relatively minor cases” and compoundable.

The employment record of 13047 Warrant Officer 2 Mohammad Yusirwan as a physical trainer in the Royal Brunei Navy, with no previous convictions, was tendered to the court by the defence counsel.

The counsel also submitted to the court Mohammad Yadiy Yusranshah’s employment record as a bilal at the Jame’ ‘Asr Hassanil Bolkiah, with no previous convictions.

The documents tendered to the court also bore positive testimonials from the defendants’ superiors.

13047 Warrant Officer 2 Mohammad Yusirwan pleaded for the court to hand a non-custodial sentence, with consideration for his remorse and the circumstances of the case where “any parent would be angry”.

Mohammad Yadiy Yusranshah also pleaded for a non-custodial sentence, citing his suspension from employment as a form of punishment and that he had acted “in heat of the moment, as the event unfolded that morning”.

The brothers claimed trial to the charges of voluntarily causing hurt under Section 323 of the Penal Code, carrying a penalty of up to three years’ imprisonment or a fine; and assault under Section 352 of the Penal Code, which carries a year’s imprisonment or a fine.

Magistrate Hajah Noor Amalina binti Dato Paduka Haji Alaihuddin has fixed January 23 for the sentencing while she considers fitting punishments for the defendants.

Deputy Public Prosecutor Sharah binti Abdul Hamid’s case against the defendants was that 13047 Warrant Officer Mohammad Yusirwan, the parent of a student at Sayyidina Abu Bakar Secondary School (SMSAB) in Berakas, had voluntarily caused hurt to the complainant Muhammad Afandi bin Sahdun, a teacher at SMSAB, by punching the latter on the left side of the face in the school conference room, at around 10am on September 16, 2017.

He was also charged with assaulting Muhammad Afandi by making pointing gestures towards him while shouting.

Meanwhile, Mohammad Yadiy Yusranshah was charged with voluntarily causing hurt to Muhammad Afandi by kicking him in the lower abdomen.

He was also charged with making pointing gestures towards the teacher while shouting.

Videos capturing the incident were circulated widely on various social media platforms at the time.

Magistrate Hajah Noor Amalina found the victim to be a credible witness, and disbelieved the defendants’ claims that the prosecution witnesses had all conspired together. Deputy Public Prosecutor Mohammad Danial bin Dato Seri Paduka Haji Kifrawi prosecuted the case yesterday.