Thursday, December 10, 2009

December Latest Update - Enticement Of Daphne Iking

Posted on/at 9:57:00 PM by SBdude

Daphne Iking High Profile Enticement Case

If you have been following Daphne Eleanor Iking enticement case involving Adidas MD Darren Choy Kin Ming and her husband, Ryan Chong Yiing Yih, today is the hearing of the "wife-enticing" case. Unfortunately, there's no final saying to this high profile case as Magistrate Zaki Ashraf Zubir this morning granted an application for the unprecedented case involving celebrity Daphne Iking to be heard in the High Court on 17th December.

Among the topic today was Darren Choy questioning the court on the validity of Section 498 of Penal Code. Choy asserted that the section imposed criminal liability on the male party only and was therefore in breach of the equality provisions of the Malaysia's Federal Constitution.

Darren Choy and lawyers Jagjit and Akbardin Abdul Kader 

He was also seeking to determine whether the provision was inherently discriminatory against the male sex.

Choy also wanted the High Court to determine whether “Section 498 carried an inherently unreasonable classification as it was predicated on the pre-modernistic assumption that women were mere chattels and incapable of a rational choice as to their male companionship”.

“The applicant disputes the constitutional validity of Section 498 of the Penal Code.

Only Darren Choy was present in court.

Heading the prosecution on behalf of Chong is lawyer Wong Kian Kheong, while lawyers Jagjit and Akbardin Abdul Kader stood for Choy.

Iking’s counsel Ravi Nekoo, was present to hold a watching brief.

Also pending in the High Court is Choy’s appeal against magistrate Mohd Faizi Che Abu’s ruling on Aug 21 not to allow the case to be tried by another magistrate.

If you are curious of what does the Section 498(Enticing) of Penal Code means.

“Whoever takes or entices away any woman who is and whom he knows, or has reason to believe, to be the wife of any other man, from that man, or from any person having the care of her on behalf of that man, with intent that she may have illicit intercourse with any person, or conceals, or detains with that intent any such woman, shall be punished with imprisonment for a term which may extend to two years, or with fine, or with both.”

Section 498 is stated as “Enticing, taking away or detaining a married woman”. The ingredients of this offence are:

● any person, man or woman, must entice another woman;
● he must know that the woman is the wife of another man;
● he must entice her from the person who is in charge of her and takes care of her;
● the enticement must be within the intention that she should have illicit intercourse with another person;
● any person who conceals or detains any woman with that intent will also be punished.

If you have no idea of what is happening between Daphne Iking, Darren Choy and Ryan Chong. Here's the URL to enlighten you.

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