Lawyer P Purshotaman, who represented the 30-year-old policeman, said judge Hassan Ghani dismissed the application but did not provide the grounds for his decision.
“I will get instructions from my client on whether to file an appeal in the Court of Appeal,” he told FMT in a text message.
The parties had filed written submissions in April for Hassan to make a ruling.
Deputy public prosecutors Engku Ahmad Rashidi Engku Abdillah and Iffah Nabihah Mohd Ishak represented the prosecution.
During his trial last year, the policeman urged the magistrate to refer to a High Court judge on the constitutionality of the charge but it was refused.
A revision was filed in the High Court while the trial proceeded before the magistrate.
The policeman was sentenced to six months’ jail and fined RM3,500 on March 6. However, the sentence has been stayed pending an appeal.
Case management before the High Court in Kuala Terengganu has been fixed on May 23.
He committed the offence in Kuala Terengganu between Nov 25, 2016 and June 17, 2018.
Section 498 of the Penal Code allows the court to impose a maximum two-year jail term or fine or both if an accused is found guilty.
Purshotaman said his client is challenging the charge as it is against Article 8 of the Federal Constitution, which states that all persons are equal and entitled to equal protection of the law.
The last time this type of offence attracted public attention was in 2009 when the former husband of celebrity Daphne Iking accused a corporate figure of enticing his wife.
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