Man acquitted of possessing stolen TV

KOTA KINABALU: The High Court here acquitted and discharged a man from a charge of possessing a stolen item.

Justice Datuk Nurchaya Hj Arshad made the order on Mohd Nazwan Nordin after setting aside his conviction and sentence meted out on September 19.

The charge against the appellant, which he had pleaded guilty to, stated that he had kept the stolen television at an unnumbered house at Kampung Melalin in Tuaran on January 31.

The alleged offence was framed under Section 411 of the Penal Code which carries a maximum jail of five years or a fine or both, upon conviction.

In his appeal yesterday, counsel Goldam Hamid, who represented the appellant, argued that the charge framed against his client was defective as there was no evidence to show that it was a stolen television and the complainant mentioned in the charge was not the person mentioned in a police report for this case.

The counsel also said that his client had informed him that the complainant cum victim mentioned in the charge was his client’s friend.

Goldam also contended further that the place where the alleged offence took place was not the village where the accused is staying and the date of arrest of the accused was on September 13 while the charge mentioned that the alleged offence was on January 31.

Goldam explained that his client is an illiterate and of the view that if the lower court was aware about these facts, the magistrate might have rejected the appellant’s plea.

In reply, deputy public prosecutor Nartiah F. Mirchelle Sambatan conceded that the charge against the appellant was defective and agreed with the argument put forward by the counsel.

Nartiah said that the evidence did not support that the television was a stolen item plus the alleged offence committed did not tally with the date the accused was arrested.

Thus, Nartiah, who acted for the respondent, raised no objection for the court to set aside the conviction.