Trio freed from cellphones theft charge

KOTA KINABALU: Three unemployed men were yesterday discharged not amounting to an acquittal by the Magistrate’s Court here from a joint charge of stealing four Huawei P20 PRO cellphones estimated worth RM11,876.

Magistrate Mohd Aizat Abdul Rahim freed Haimie Jamsani, 32, Mohd Sobree Matdin, 28 and Mohd Shafiee Buding, 27, when their case came up for trial yesterday.

Counsel Azhier Farhan Arisin, who represented Haimie and Mohd Shafiee, asked for his clients to be given a discharge not amounting to an acquittal on two grounds submitted to court.

Azhier explained that since the trial should start yesterday but none of the prosecution witnesses were present in court, including the complainant and this was the fourth time the investigating paper of the case was not brought to court.

The three accused persons were alleged to have stolen the branded gadgets at a cargo of the Kota Kinabalu International Airport here at 11am on May 5.

Their charge was framed under Section 379, read together with Section 34, both of the Penal Code, which provides for a jail term of up to seven years or a fine, upon conviction.

The court also ordered for the trio’s RM2,500 bail each granted during their first arraignment in court to be refunded.

One of the co-accused, Mohd Shahran Iqmal Muammar Ghadafi, 22, was fined RM5,000, in default, 16 months’ jail by the Magistrate’s Court here after he admitted to the said same charge on July 19.

On the said date, the three accused persons had maintained their plea of not guilty when their case was set for pre-trial case management.

Prosecuting officer Inspector Albert Basiri prosecuted while Mohd Sobree was defended by counsel Shahlan Jufri.