PETALING JAYA: A pastry company and its director were charged in two Sessions Courts here with 14 counts of using the halal logo and registered trademark without approval in the supply of 366 sandwiches of various types.
Shake and Bake Cafe Sdn Bhd director Ewe Sarn Yeun (pic), 65, and the company (represented by Ewe), pleaded not guilty yesterday to seven charges read out before judges Dr Syahliza Warnoh and Noor Ruzilawati Mohd Nor respectively.
Both were each charged with supplying food products, namely 50 mixed tuna, 43 mixed potato, 77 mixed chicken, 74 egg mayo, 66 ham and cheese, and 56 chilli crabstick sandwiches using the Malaysian halal logo without approval, to falsely indicate that the food was suitable for consumption by Muslims.
The offence under the Trade Descriptions (Halal Certification and Marking) Order 2011 was allegedly committed at the company’s premises in Sunway Damansara at 12.50pm on Jan 10.
Ewe was charged under Paragraph 8(b) of the Trade Descriptions (Halal Certification and Marking) Order 2011, which provides for a maximum fine of RM100,000 or a maximum of three years in jail or both upon conviction.
For subsequent offences, the fine may increase to RM250,000 with jail time of up to five years, Bernama reported.
The company was charged under Paragraph 8(a) of the Trade Description (Halal Certification and Marking) Order 2011, which carries a maximum fine of RM200,000 upon conviction.
Ewe and his company were also each charged with one count of using a registered trademark – the Malaysian halal logo – without approval on the 366 sandwich packages.
He was charged under Section 102(1)(c) of the Trademark Act 2019, which carries a maximum fine of RM10,000 for each item marked with a registered trademark or a maximum jail term of three years or both; and a fine of up to RM20,000 and jail of up to five years for subsequent offences.The company faces a maximum fine of RM15,000 for each item marked with a registered trademark without approval, upon conviction.
Domestic Trade and Cost of Living Ministry (KPDN) deputy public prosecutor Shafiq Mahadi proposed bail of RM60,000 for each charge, saying it was a case of public interest.
He also requested that the accused surrender his passport to the court and report monthly to the ministry in Putrajaya pending disposal of the case.
Lawyer Hamdan Hamzah, acting for both parties, pleaded for bail of RM120,000 for all charges, saying Ewe was a permanent resident of the United States with a good reputation and also cooperated throughout the investigation.
“The issue of public interest raised by the prosecution does not pertain to the accused, but against another company whose products went viral in the press and social media,” he said.
Both courts set March 5 for mention and granted bail at RM130,000 in three sureties for all charges and ordered Ewe to surrender his passport.
On Jan 13, the Malaysia Islamic Development Department (Jakim) confirmed in a statement that the “ham and cheese” sandwiches sold at a convenience store in Universiti Malaya did not have a halal certificate and that the company producing it was not a Malaysian Halal Certification holder.
The store’s two outlets at the campus were ordered to close until further notice following the controversy.
Jakim had revealed that it inspected the stores together with KPDN officers after complaints were raised on social media.
