KUCHING: The High Court adjourned to May 22 the hearing of an appeal against conviction and sentence by a man who committed assault with his fist and a chair.

The appellant Shah Nizan Ismail, 26, a soldier from Melaka yesterday appeared with counsel Abdul Rahman Mohd Hazmi before judge Datuk Linton Albert who allowed the counsel’s application for adjournment.

According to the appellant’s petition, the magistrates’ court ruled there was a prima facie case against him and he was asked to enter his defence accordingly.

It further stated that he elected to remain silent during the hearing of the defence case and was therefore sentenced to a week jail effective from the date of sentencing - Aug 22 last year. A stay of execution was granted pending an appeal.

The counsel in his petition urged the High Court to consider the possibility of the injury suffered by the complainant to be caused by other soldiers.

He also highlighted the contradiction or discrepancy and/or the inconsistency in the testimony or evidence in relation to the act of punching and/or hurt that was said to be done by the appellant.

“The complainant claimed that he was punched on the left cheek three times but the medical report shows that the injuries (two fractures) were found on the front and right side of his jaw.

“When cross-examined before conviction, the doctor, who is also a prosecution witness, said that she was not an expert to say that the right side of the jaw could be broken if somebody is to punch it on the left side,” he said.

The counsel also said that the complainant lodged a police report a few days later in Peninsular Malaysia after the incident occurred.

It is claimed that the incident happened when the appellant called the complainant a few times but received no reply, and as a result became angry.

The appellant was charged under Section 325 of the Penal Code for voluntarily causing hurt to another person, and is punishable with a jail term of up to seven years and a fine.

The charge reads that he committed the offence at 6pm on Feb 8, 2006 at the bachelors’ barrack of Penrissen Camp, Mile 8 Kuching-Serian road.

The prosecution is also appealing against the inadequacy of sentence imposed on the appellant.