Kota Kinabalu: The Magistrate’s Court revoked the warrant of arrest issued against a businessman and his two sons after they have turned up in court, here, Tuesday.
The prosecution had, on March 15, applied for the warrant of arrest against Datu Mohd Akjan Ali Muhammad and his sons, Mahathir Datu Mohd Akjan and Mohd Ghazali Hanif Mohd Akjan after they did not turn up in court.
When asked by Magistrate Lovely Natasha Charles on the reason for them not turning up in court on March 15, their newly-appointed counsel Nurul Rafeeqa Afdul Mutolip said her clients’ previous counsel was on medical leave and had a hard time communicating with the clients.
Upon hearing this, Lovely told the trio it was imperative that they attend despite an application for an adjournment filed by their lawyer.
“You know very well your (hearing) date and even though your counsel have asked for an adjournment, you are supposed to be present as well,” said Lovely.
The court then adjourned the case to Wednesday for hearing of plea bargaining upon charge to be amended and also plea bargaining form to be amended.
On March 15, the court issued the arrest warrant against the trio applied by the prosecution following their absence for further mention of their case.
The prosecution at that time also informed the court that their previous counsel was on medical leave and could not attend the court.
Akjan Mahathir and Ghazali allegedly committed the offence along with two accomplices still at large at 7.45pm on Jan 19, 2020 in front of the Malindo Air Counter at the Kota Kinabalu International Airport.
They had on July 16, 2020 pleaded not guilty to the charge under Section 147 of the Penal Code, and had since been released on a court bail.
Meanwhile, the court revoked an arrest warrant against Ghazali, also for not being present in court for hearing for a drug case on March 15.
Nurul informed the court that the accused was not aware of the date fixed previously.
Ghazali on Tuesday pleaded not guilty to the charge of having 0.88gm of syabu at 2.45am on Nov 14, 2021 at Inanam town as framed under Section 12 (2) of the Dangerous Drugs Act 1952.
The court released him on an extended bail offered to him during first mention of his case via zoom.
Earlier, Nurul applied for the arrest warrants for both cases to be revoked.
There was no objection from Deputy Public Prosecutor Siti Hajar Mazlan.
