Georgetown – A Penang syariah court judge and a woman were cleared of khalwat (close proximity) for the second time today.
Adam Tumiran, 47, and his partner Nurul Izani Md Isa, 37, were acquitted and discharged of the offence following the conclusion of a re-trial at the syariah high court here.
Syariah High Court judge Zaim Md Yudin also ordered the court to return their bail of RM1,000 each.
“The court found that the defence had raised reasonable doubts against the prosecution.
“The onus of proving the duo were not legally married is on the prosecution,” he said in a lengthy judgement.
Adam and Nurul Izani were represented by counsels Ahmad Munawir Abdul Aziz, Wan Faridulhadi Md Yusof and Rosdee Abdul Razak.
The couple declined to the speak to the press but Adam was spotted wiping his tears and they left the court.
The duo has been acquitted on May 17 2012 by a lower syariah court after it ruled that their marriage papers in Thailand were valid.
However, the Syariah Court of Appeal allowed the prosecution’s application for a re-trial on technical grounds.
The couple had pleaded not guilty to committing the offence in a state government quarters in Jalan Masjid Negeri here at 2am on Dec 5, 2010.
The couple was married in Thailand in Oct 2010 without the knowledge of their families.