Court finds Fatin Nabillah, 26, guilty of installing fake braces, rejects lawyer's plea to postpone imprisonment over his client's health problems.
Judge Harmi Thamri Mohamad @ Shaharuddin sentenced Fatin Nabilah Mohamad Hassan, 26, after the defence failed to prove reasonable doubt in the prosecution’s case.
The court ordered Fatin, who was absent from court today, to serve the jail term from the date she reports herself to the prison and to serve another 12 months’ jail if she failed to pay the fine.
The court also rejected the application by lawyer Khairul Amin Abdullah, who represented Fatin, to postpone the imprisonment and ordered Fatin to pay the fine immediately.
Khairul told the court that his client was unable to attend as she was undergoing acupuncture treatment at the Melaka Hospital for a slipped disc two weeks ago.
However, today’s proceedings continued as the court had given sufficient time of more than two weeks for Fatin to manage her health.
Deputy public prosecutor from the health ministry, Nurul Khairiyah Samsudin, who prosecuted, said Fatin had failed to submit a medical certificate from a government health clinic confirming that she could not come to court for health reasons.
The judge said the offence committed by Fatin was a serious one and should be taken seriously by all parties as it affected the health and safety of the public.
“The public should also come forward and provide information to the health ministry if they have knowledge of any unregistered individuals who carry out fake braces installation procedures,” he said.
Fatin was charged with operating a private dental clinic without registering under Section 27 of the Private Healthcare Facilities and Services Act 1998 at a hotel room in Jalan Metro Pudu 2, Fraser Business Park, Kuala Lumpur, at 12.10pm on Dec 11, 2015.
She is charged with committing the offence under subsection 4 (1) of the act and punishable under subparagraph 5 (1) (a) (i) of the same act, which provides for a fine not exceeding RM300,000 or imprisonment of a maximum of six years or both, upon conviction.
Nine prosecution witnesses and four defence witnesses were called to testify during the trial, which began in May 2016.
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