KOTA KINABALU: A 26-year-old Filipino Suluk failed in his appeal against his conviction and sentence on three counts of illegally having a pistol, live bullets and a modified knuckle-duster.Judge Stephen Chung dismissed Alasbin Abdul Mahadi's appeal against his conviction ruling that he had pleaded guilty to the charges and had been convicted by the lower court.Chung also dismissed Alasbin's appeal against his sentence ruling that his counsel submitted that the sentences be maintained and did not ask for reduction of the sentences.
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The court also dismissed the prosecution's cross appeal against the inadequacy of Alasbin's sentence on the first count of having the pistol illegally.Chung held that it was not stated in the facts of the case that Alasbin intended to use the weapon in a robbery or as a security threat in the country.
Deputy Public Prosecutor Afzan Abd Kahar had earlier submitted among others that swift action by police in arresting Alasbin had prevented any crime from happening and that his having the firearm was a threat to the security of the State or country.Alasbin must be separated from the public for a long time to protect public interest, said Afzan.
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Alasbin had on Oct 2 this year pleaded guilty to all charges at the Sessions Court where he was sentenced to seven years and six lashes of the cane on the first count of having an Armscor pistol at 1.40am on Feb 6 this year in a car at Mile 7, Jalan Tuaran.On the second count, he was jailed one year for having eight live bullets at the same place and time while on the third count he was handed one year's jail plus one stroke of the cane for having a modified knuckle-duster at the same place and time.
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Alasbin, who was also jailed five months and one stroke of the cane for illegal entry, had been ordered to serve the sentence concurrently.He was represented by counsel Chong Kian Ming.Meanwhile, the court will on Jan 6 next year hear the injunction application by the Kota Kinabalu Fishing Boat Owners Association's (KKFBOA) over the dispute with Sabah Fish Marketing Sdn Bhd (Safma) and two others.Chung set the date following an application by the defendants' parties for time to reply the plaintiff's affidavit.KKFBOA public officer Tsen Heng had named Safma as the first defendant, Sejahtera Bumimas Sdn Bhd, Siti Hawa Abdul Hamid and Olan Abdullah of Bunga Raya Enterprise as the second, third and fourth defendant, respectively.The plaintiff is seeking a declaration that the management agreement signed between the first defendant and the second defendant is null and void and/or is illegal and/or against public policy; a declaration that the management agreement signed between the first defendant and the second defendant is in breach of the first defendant's public duty to the plaintiff and the legitimate fishing industry in Kota Kinabalu.The plaintiff is also seeking declarations that the Joint Venture Agreement signed between the first defendant and the third and fourth defendants is null and void and/or is illegal and/or against public policy and also in breach of the first defendant's public duty to the plaintiff and the legitimate fishing industry in Kota Kinabalu.
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The plaintiff was represented by counsel Joan Goh while, the first defendant was represented by counsel Japar Esteban and Rupilin Alik, the third and fourth defendants were represented by counsel Ridwandean Borhan.Counsel Kevin Wong stood in for AY Partners who represented the second defendant.