Kota Kinabalu: The hearing of a politician, who was the technical head for the 2021 State Unduk Ngadau competition, Philip Among, charged with four counts of molesting a finalist, was adjourned again as the first witness was unable to come to court, Wednesday.
Magistrate Stephanie Sherron Abbie fixed Aug 1-2 for continuation of the trial.
Before the court adjourned the trial, she said although she was reluctant to grant the adjournment, she has to agree as the first witness (alleged victim) must complete her testimony before calling other witnesses.
Stephanie said she agreed with the defence counsels that the first witness needed to complete her story first, establish her facts and charge as well as all elements, so that other witnesses can support the elements.
Earlier, Deputy Public Prosecutor Siti Hajar Mazlan informed the court that the prosecution wished to call a new witness to testify in the continuation of the trial as the first witness could not come to court.
However, Philip’s counsel Abdul Fikry Jaafar Abdullah, who was assisted by Azhier Farhan Arisin, raised objection for the new witness to be called saying that on Tuesday, the court had instructed that the trial proceed in the absence of Philip because the prosecution had prepared the first witness’ transportation.
“Therefore, there was no reason for the witness not come to court today (Wednesday) as the transportation supposedly had been prepared by the prosecution. The trial is fixed at 2pm and the prosecution has plenty of time to arrange the witness’s transportation before the commencement of the trial in the evening.
“Our client is sick due to hypertensive and the doctor had advised him to take a rest to avoid the risk of having stroke. We apply for adjournment by providing the medical chit and medical report, yet the prosecution had objected our application for adjournment.
“Due to the objection, the trial proceeded and we still have to liase with our client about the preparation of trial even though he is not well and under medication,” he said.
On the objection to call the new witness, Azhier submitted that the prosecution must complete with the first witness before calling the new witness.
Phillip, 53, faced four counts of molesting the 22-year-old Unduk Ngadau contestant on May 19, 2021 at 2pm, 3.30pm, 9.45pm and 10pm, respectively at a staircase next to Ever Best Photo in Asia City, in Studio Darvel Bay Borneo Holidays Sdn Bhd in Asia City, in a moving vehicle while on the way from a dinner place to an old office in the city and in an office in Metro Town.
He was charged under Section 354 of the Penal Code provides for a jail term of up to 10 years, or with fine or with whipping or with any two of such punishments, on conviction.
Philip had on June 10, 2021 claimed trial to the charges.
The trial of Philip started on April 12 this year for three days and so far the prosecution had called only a witness during the hearing.
