Babit Ebit Lew Sexual Disturbance Talks Through Camera Rejected

TENOM: The Magistrate's Court today did not allow the prosecution's request to continue the trial of the sexual harassment case of Ebit Lew or real name Ebit Irawan Ibrahim Lew, 37, held behind closed doors through cameras Magistrate Nur Asyraf Zolhani made the decision after hearing arguments from both sides regarding the prosecution's request to hear the testimony of the next two witnesses through camera.

Deputy Public Prosecutor, Zahida Zakaria requested the court that the next two witnesses, Inspector Yip Chang Ching and the complainant, a 42-year-old woman, be held behind closed doors without the presence of the public Zahida told the court that the next trial involving Inspector Yip, the Forensic Analysis Officer, will testify to the court about the results of the analysis of 90 pornographic materials involved in the trial of this case.

In his argument, Zahida told the court that they had no problem with Inspector Yip testifying in open court but, for the complainant, he needed to explain the images from the results of the analysis of 90 pornographic materials that would be presented to the court Following that, the prosecution requested that the trial involving the complainant be conducted behind closed doors through cameras.

Since the testimony that will be given by the witness is obscene then, for the sake of justice, the prosecution requests that the trial be conducted through camera recording However, the Attorney representing Ebit Lew, Ram Singh objected to the application made by the prosecution because based on the charges it only involved one photograph.

The testimony of Inspector Yip and also the complainant is very important to all parties Therefore, the defense believes that Inspector Yip's testimony should not be done through camera.

As for the complainant, the identification against him has been done, so the hearing through camera will not give an advantage to his client, Ebit In fact, the defense also objected to Inspector Yip being called as a witness because the evidence in the flash drive containing 90 obscene materials was not related to the charges in the case.

In the decision, the Magistrate told both sides that the witness Chang Ching was an adult who would testify in his capacity as a forensic analyst The magistrate is of the view that there is no need for the court to hear the testimony of witnesses through camera according to Section 101 of the subordinate courts act (CSA) 1948.

Since this case involves a sexual crime, evidence containing obscene material is to be expected As for the accused, the court is quite immature to decide that the complainant's testimony should be made through camera or not, however, the prosecution can reapply for the same during the trial.

The court reminded the public not to take any photos or videos during the trial Ebit Lew was charged with 11 charges of sexual harassment, which is sending obscene pictures and words with the intention of insulting the honor of a woman through the Whatsapp application which allegedly took place in the Tenom district between March 29 and June 18, 2021.

Therefore, this case was charged according to Section 509 of the Penal Code The case was handled by Deputy Public Prosecutors, Nor Azizah Mohamad, Zahida and nur masrin amalia while Ebit Lew was represented by Attorney Ram, Kamarudin Mohmad Chinki and Timothy Daut.

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