KUALA LUMPUR – A pastry company and its director were charged in two Sessions Courts here today with 14 counts of using a fake halal logo in connection with the ‘ham sandwich’ controversy that went viral earlier this month.
The company supplied 366 sandwiches of various flavours to a convenience store at Universiti Malaya (UM).
However, the accused, Ewe Sarn Yeun, 65, and his company, Shake And Bake Cafe Sdn Bhd, pleaded not guilty after the charges were read before Judges Dr Syahliza Warnoh and Noor Ruzilawati Mohd Nor.
On six charges, Ewe, who holds permanent resident status in the United States, was accused of offering to supply 366 sandwiches that were described as containing the Malaysian halal logo, thereby indicating that the food was suitable for Muslims to consume. This allegedly contravened Paragraph 4(1) of the Trade Descriptions (Certification and Halal Marking) Order 2011.
The sandwiches involved included 50 Mixed Tuna Sandwiches, 43 Mixed Potato Sandwiches, 77 Mixed Chicken Sandwiches, 74 Egg Mayo Sandwiches, 66 Ham & Cheese Sandwiches, and 56 Chili Crabstick Sandwiches.
The alleged offences occurred at Shake And Bake Cafe Sdn Bhd in Sunway Damansara at 12.50 pm on January 10.
Ewe faces charges under Paragraph 8(b) of the same order, which carries a maximum fine of RM100,000 or imprisonment for up to three years, or both. For subsequent offences, the fine could be increased to a maximum of RM250,000, or a maximum prison sentence of five years, or both, if convicted.
Shake And Bake Cafe Sdn Bhd, represented by Ewe as its director, also pleaded not guilty to six charges, all concerning the same location, date, and time.
The charges were made under Paragraph 4(1) of the Trade Descriptions (Certification and Halal Marking) Order 2011, which carries a maximum fine of RM200,000. For second or subsequent offences, the fine may reach up to RM500,000, if convicted.
Additionally, both Ewe and the company were charged under Section 100 of the Trade Marks Act 2019 (Act 815) under Section 102(1)(c) of the same Act, which can lead to penalties under Section 102(1)(i) and Section 102(1)(ii) for the director.
Under Section 102(1)(i), the Act provides a maximum fine of RM15,000, while Section 102(1)(ii) imposes a fine of up to RM10,000 for each item incorrectly marked with a registered trademark, or imprisonment for up to three years, or both, upon conviction.
The prosecution is handled by Deputy Public Prosecutors from the Domestic Trade and Consumer Affairs Ministry (KPDN), Shafiq Mahadi and Hakiim Izani, while the accused and the company are represented by lawyers Hamdan Hamzah and Azura Mokhtar.
The court allowed Ewe and Shake And Bake Cafe to post bail of RM130,000 with a local surety, along with the additional condition of surrendering their passports to the court.
The next mention of the case is set for March 5, 2025.
On January 13, an inspection by the Islamic Development Department (Jakim) on the ‘ham and cheese’ sandwiches supplied at UM confirmed that the products lacked a Malaysian Halal Certification (SPHM).
In a statement, Jakim confirmed that the company producing the sandwiches did not hold an SPHM.
Meanwhile, Shake And Bake Cafe Sdn Bhd, the producer of the controversial sandwiches, stated on January 15 that the raw materials used in the ‘ham sandwiches’ were halal-certified by Jakim.
In its statement, Shake And Bake explained that the sandwich ingredients included bread, cheese, and slices of chicken. – January 24, 2025