Missing – so accused goes free!
Published on: Tuesday, November 17, 2015
Kota Kinabalu: The Court of Appeal on Monday struck out the prosecution's appeal against the acquittal of a politician who had been charged with misappropriating RM399,388 worth of property because his whereabouts remain a mystery.Justice Dato' Abdul Aziz Abdul Rahim, who sat together with Justices Tan Sri Idrus Harun and Dato' Abdul Rahman Sebli made the decision after being informed by the prosecution that they were unable to serve the notice of hearing to the respondent Philip Among @ Daniel Deil Fidelis.The court on July 6 set Monday as final adjournment after being informed of Philip's absence on the third mention of the appeal on that date.
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At the last hearing, the court was told that the officer responsible was unable to serve the notice of hearing on Philip despite attempts on May 19, July 1 and July 6.The prosecution was appealing against the High Court's decision to acquit Philip of allegedly misusing a consignment of merbau logs by sending them to Syarikat Sri Ganesh in India, instead of delivering the consignment to the actual owner, Chandul Manji, a 40-year-old businessman from India.Philip, who stood as a Sabah Star candidate for the Kapayan seat in the last general election, had allegedly committed the offence for his own benefit at the MISC office in Wisma Takada, Lorong Ewan, Jalan Gaya here between June 23, 2008 and July 7, 2008.The offence under Section 403 of the Penal Code provides for a jail term of between six months and five years and whipping and a fine on conviction.
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He was then jailed 12 months, ordered to be caned once and fined RM100,000 or 18 months' jail for the offence but the High Court had on April 22, 2014 quashed his conviction and sentence following his appeal against the Sessions Court's decision.The same court had on July 6 struck out an appeal by the prosecution against the acquittal of a man from trafficking ketamine and having two other types of drugs without his defence being called.
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The court made the decision during the third mention of the appeal after being informed by the prosecution that they were still unable to serve the hearing notice to the respondent one Francis Ng Ching Teck, as he was still in China and that there had been no record of Ng returning back to the country.According to the prosecution a check with the Immigration Department found that Ng, who was married to a woman from China, had left the country for China since July 1, 2014. Deputy Public Prosecutor was Farah Ezlin Yusop Khan.Meanwhile, the appeal by a Detective Corporal against his conviction and jail sentence of seven years for intentionally omitting information related to terrorist acts was adjourned to May 15 next year.The court set the date for Corporal Hassan Hj Ali Basari, 63, following an adjournment application by his counsel.Counsel Kamarudin Mohd Chinki told the court that they are still waiting for the completion of the on-going trial involving 30 accused charged under the Security Offences (Special Measures) Act 2012 as the present case is related to it in terms of the documents used.Kamarudin said so far, over 130 witnesses had been called in the trial of the 30 individuals, which is being held at the Kepayan prison, near here.DPP Farah told the court that she was informed the on-going trial was expected to end in December this year.Stay up-to-date by following Daily Express’s Telegram channel.
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