Driver discharged of molesting cleaner

KOTA KINABALU: The Magistrate’s Court here on Friday discharged a driver not amounting to an acquittal from a charge of molesting a cleaner last year.

Magistrate Jessica Ombou Kakayun made the order on Sanjay Ganth, 42, at the request of the prosecution on Friday.

The prosecution informed the court that the instruction from their office was that Sanjay’s case be given a discharge not amounting to an acquittal.

On Thursday, the victim told the court that she wanted to withdraw her police report against Sanjay.

The 27-year-old victim had on that day testified from the witness dock that she had lodged a police report to state about her withdrawal of the report.

She further testified that she decided to do so because she did not want to proceed with investigation into this case.

The victim also said that she was aware of her action and would not blame the police or other parties for her decision.

Sanjay was accused of molesting the victim at an office of a hospital’s transport unit here at 9.30am on June 26, 2021.

The charge was under Section 354 of the Penal Code which provides for a jail term of up to 10 years and whipping and also liable to a fine or any two of the punishments, upon conviction.

Sanjay was represented by counsel Marcel Jude Joseph.

Magistrate Jessica meanwhile sentenced Regan Halipa to 12 months’ jail after he pleaded guilty to a drug possession charge under Section 12(2) of the Dangerous Drugs Act 1952, which is punishable under Section 12(3) of the same Act.

The Section provides for a maximum fine of RM100,000, or imprisonment of not less than five years, or both, upon conviction.

The magistrate ordered the imprisonment to start from the accused’s date of arrest on Sept 12, 2022.

Regan is also to be referred to the Immigration Department thereafter.

The magistrate also meted out a sentence of nine months’ imprisonment to Mohd Azriezam Ali Rahaman, Mohd Tarmizi bin Tasripan, Hassan Abdullah and William Soungim for drug abuse.

Meanwhile, the same court imposed a fine of RM2,000, in default 12 months’ jail on Mohamad bin Dasil for a similar offence.

The five accused had pleaded guilty to their charges under Section 15 (1) (a) of the Dangerous Drugs Act 1952, which is punishable under Section 15 (1) of the same Act.

The Section provides for a fine of up to RM5,000 or up to two years in prison, or both.

Dasil, Azriezam, Tarmizi, Hassan and William were ordered to be placed under police supervision for two years thereafter.