Judge Hasbullah Adam allowed the appeal by Armin Zaharin, 57, to set aside the eight months’ jail sentence meted out by the magistrate’s court here on Sept 28, 2020.

Hasbullah replaced the jail sentence with a fine and ordered the former steward to be jailed six months if he failed to pay the fine. Armin Zaharin paid the fine.

The court, however, threw out Armin Zaharin’s appeal to set aside his conviction under Section 323 of the Penal Code.

Hasbullah also advised Armin Zaharin to learn from the incident.

“I hope this will be a lesson to control yourself. Whatever occurred, the ties between the father and son cannot be severed,” said Hasbullah.

Deputy public prosecutor Shukor Abu Bakar was the respondent while counsel Amir Farid Mohd Nawawi as well as Danish Manoharan represented Armin Zaharin as the appellant.

Magistrate Sabreena Bakar @ Bahari had sentenced Armin to eight months in jail after finding him guilty of deliberately causing wounds and swelling on the hand of his nine-year-old son with a cane at a house in Denai Alam, here, between 8pm and 10.30pm, on Feb 24, 2018.

Armin Zaharin was arrested on March 2, 2018, after Ziana, whose real name is Siti Roziana Zin, lodged a police report on Feb 27.

Ziana and Armin Zaharin were granted a divorce by the Shah Alam syariah subordinate court on July 12, 2018.

The couple married on May 9, 1998, and have three sons and a daughter.