Prosecution appeal against politician reinstated
KOTA KINABALU: The Court of Appeal here reinstated an appeal by the prosecution against a politician who was charged with misappropriating property 16 years ago.
A three-member panel chaired by Justice Datuk Supang Lian, who sat together with Justices Datuk Collin Lawrence Sequerah and Datuk Wong Kian Kheong, unanimously allowed the reinstatement application for the appeal against Philip Among @ Daniel Deil Fidelis, 55.
The prosecution informed the court that the respondent (Phillip) was absent and notice of hearing failed to be executed on him.
The prosecution submitted that the reason why it applied reinstatement of the appeal is because the respondent now has five molest charges under Section 354 of the Penal Code.
The prosecution further submitted that now the prosecution has all the relevant documents in pursuing this appeal.
It further said that the respondent’s molest cases are fixed for mentioning on March 27 and the respondent was called to enter his defence on the five charges.
The prosecution added that it is confident that the notice of hearing for this appeal could be served to the respondent.
On November 16, 2015, the Court of Appeal here struck out the prosecution’s appeal against the acquittal of the respondent.
The appellate court at that time unanimously made the order after being informed by the prosecution that they were unable to serve the notice of hearing to the respondent.
The prosecution was appealing against the respondent’s acquittal by the High Court here.
On April 23, 2014, the respondent won in his appeal after the High Court here set aside his conviction and sentence imposed by the lower court.
On September 6, 2013, the respondent was jailed for one year and fined RM100,000, in default, 18 months’ jail by the Sessions Court here.
The Sessions Court also ordered the respondent to be given one stroke of the cane.
The respondent had allegedly misused a consignment of Merbau logs by allegedly sending them to a company in India, instead of delivering to the actual owner, a 40-year-old businessman from India.
He was accused of committing the alleged offence for his own benefit at an office at Gaya Street here between June 23, 2008 and July 7, 2008.
The charge was under Section 403 of the Penal Code, which provides for a jail term of up to five years and whipping and a fine, upon conviction.
Meanwhile, on October 31 and December 12, 2023, the respondent was ordered by two Magistrate’s Courts here to answer his defence on the molest charges. One of the alleged victims was an Unduk Ngadau contestant.
However, on November 29 at one of the Magistrate’s Courts, which heard the trial, the respondent applied for an adjournment of his defence hearing and it was then allowed by the magistrate.
In the postponement application, counsel representing the respondent informed the court that they had filed a revision application at the High Court here to challenge the decision by this Magistrate’s Court which ordered the respondent to answer his defence on one charge of molesting a woman.
The counsel explained that while pending the disposal of the revision, they requested for the respondent’s defence hearing be stayed.
For the respondent’s case before magistrate Lovely Natasha Charles, he was ordered to enter his defence for allegedly molesting the victim at the living room of a premises at Asia City here at 11pm on April 17, 2021.
Meanwhile, for his four other cases before magistrate Stephanie Sherron Abbie, he was ordered to enter his defence for allegedly molesting the beauty pageant contestant at four different locations namely at a studio of a company at Asia City, inside a moving car on the way from dinner to an old office, at a staircase beside a photo studio here and inside an office at Metrotown respectively.
All the alleged molest incidents happened on May 19, 2021.
If found guilty, the respondent is liable to a jail term of up to 10 years and a fine or with whipping or any two of the punishments, upon conviction.