Forged documents: Lawyer cleared

Kota Kinabalu: The Court of Appeal has struck out an appeal against the acquittal of a senior lawyer well known for handling native land cases over charges of using false documents over land matter.

Justices Dato’ Has Zanah Mehat, Datuk Ravinthran Paramaguru and Dato’ Hj Ghazali Hj Cha via video conferencing, allowed the prosecution’s application to withdraw the appeal.

The prosecution was appealing against the High Court decision on Nov 1, 2019 to dismiss its appeal against the Magistrate’s Court’s decision to discharge and acquit Datuk Kong Hong Ming of the four charges without his defence being called.

The High Court had maintained the discharge and acquittal of Kong from all the charges.

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On June 11, 2018, Kong was discharged and acquitted from all four charges by the Magistrate’s Court here.

On the first two count, Kong allegedly used a forged sale and purchase agreement dated Oct 31, 2005 for a land with CL No. 215012847 between one Jeff Leong and one Albert Leong with March Advantage Sdn Bhd.

The offence was allegedly committed at 11.54am on Sept 2, 2010 at the Land Registry Division office of Sabah Land and Surveys Department here and at 8.30am on Sept 11, 2013 at the Registration Division of the High Court here, respectively.

Kong was also accused on the third and fourth count of using a forged undated Memorandum of Transfer for a land (CL No. 21502847) between Jeff Leong and Albert Leong with March Advantage Sdn Bhd.

The offence was allegedly committed at 8.42am on Feb 9, 2012 at the Land Registry Division office of Sabah Land and Surveys Department, here, and at 2.12pm on March 24, 2014 at the Registration Division of High Court, here, respectively.

All charges were framed under Section 471 of the Penal Code which is punishable under Section 465 of the same Code, which carries a jail term of up to two years or fine, or both on conviction.

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At the court of appeal proceedings held via zoom, Deputy Public Prosecutor Mohd Zain Ibrahim appeared for the prosecution while Kong represented himself.

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