Daphne’s case goes to Federal Court The Star Online

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Thursday August 26, 2010

Daphne’s case goes to Federal Court

KUALA LUMPUR: The case of a corporate figure accused of enticing celebrity TV presenter and model Daphne Iking will be referred to the Federal Court. High Court judge Justice Mohd Sofian Abd Razak ruled yesterday that it should be referred to a higher court to decide on seven issues involving the Federal Constitution as well as claims that the legal provisions used in the case discriminated against men. Among the issues that would be referred were whether Section 498 of the Penal Code was an unequal law as it imposed criminal liability only on men. The Federal Court would also have to decide whether this section was inherently in violation of Article 5(1) of the Federal Consti­tution because it deprived a man his choice of consortium or a mar­­ried woman her choice to consort with a man other than her husband. Iking: Her case has been referred to a higher court to decide on seven issues involving the Federal Constitution as well as claims that the legal provisions used in the case discriminated against men. On Aug 28 last year, Choy Khin Ming, 45, filed the appeal after he was dissatisfied with a magistrate’s court decision allowing Iking’s former husband Chong Yiing Yih, 32, to issue a private summons against him despite the prosecution’s refusal to continue with the case on grounds that it involved marital problems. Choy was accused of enticing Iking, knowing that she was Chong’s wife (at that time) and with the intention of having prohibited sexual intercourse with her. He was said to have committed the offence at The Plaza in Taman Tun Dr Ismail here between July 2007 and September 2008. The offence under Section 498 carries up to two years in jail or fine or both. Iking and Chong got married on Jan 27, 2007, in Bali. Iking gave birth to daughter Isobel later. The couple divorced late last year. Choy was represented by Jagjit Singh, Akbardin Abdul Kader and Datuk Cyrus Dass while Chong was represented by Wong Kian Kheong. ——————————————————————————– © 1995-2010 Star Publications (Malaysia) Bhd (Co No 10894-D)

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