Elderly man in assault case ordered to enter defence

KOTA KINABALU: The Sessions Court here yesterday ordered a 78year-old man to enter his defence on February 13 this year on a charge of causing hurt to another man.

Judge Azreena Aziz made the order on Cheong Kam Hon after making a ruling that the prosecution had established a prima facie case against the accused under Section 323 of the Penal Code.

Cheong pleaded not guilty to the charge of voluntarily causing hurt to Liu Woo Ngee, 62, at Kampung Naparan in Sipitang at 12.15pm on September 17, 2016.

The offence, under Section 323 of the Penal Code, carries a jail term of up to a year or a maximum fine of RM2,000 or to both, upon conviction.

Previously, Cheong was charged with voluntarily causing grievous hurt to the same man using a twofoot metal pipe rod at the same place and time.

The offence is framed under Section 326 of the Penal Code, which carries a jail term of up to 20 years and also liable to a fine or whipping, upon conviction. However, the prosecution failed to establish a prima facie charge against the accused.

The prosecution had produced seven witnesses during the trial in the prosecution stage.

Counsel Loretto Padua Jr, who represented the accused, told the court that two defence witnesses were expected to be called in the defence stage.

Deputy public prosecutor Husna Abdul Halim prosecuted.

Meanwhile, the same court sentenced two Filipinos to jail for entering the state illegally.

Ali Hussin, 42, and Roslan Abd Latip, 18, who were brought before the judge, admitted to each of their charge of entering the state without valid travel documents.

They were arrested around the city area here on January 13 and September 18, 2017, respectively.

Ali was jailed for four months and Roslan six months. Both will be referred to the Immigration Department for their biometrics data to be taken before being deported to their country.

The court also ordered Ali to be whipped once while Roslan was spared due to his age.