Kota Kinabalu: A district Unduk Ngadau (UN) Chairperson had discussed with several parties including the State UN Chairperson before bringing the State UN finalist, who was allegedly molested by State UN technical head, to lodge a police report.
The third witness, Alice Bongol, said after the alleged victim (State UN finalist) revealed the molest incident to her, she called the District Officer (DO) and informed him about the incident.
She said the DO gave his opinion that she (Alice) should inform the incident to State UN Chairperson, Joanna Kitingan.
According to Alice, before she went to the city, she called Joanna that she wished to meet her and discussed about the incident.
“When I met Joanna, I brought along the alleged victim with me so that she can tell Joanna in person about the incident.
“After Joanna knew the whole story about the incident, she then asked me what I wanted to do next – I told her that I would lodge a police report and the reason being for the victim’s safety.
“After meeting with Joanna, I brought the alleged victim, accompanied by one of my committee members, Frandy, to Karamunsing police station to lodge a police report pertaining to the incident.
“The police later told us to go to Kepayan police headquarters to record statement,” said Alice.
To a question by Deputy Public Prosecutor Siti Hajar Mazlan, Alice said after recording the statement in Kepayan, she brought the alleged victim to go back to her house.
Alice testified before Magistrate Stephanie Sherron Abbie, in the hearing of Philip Among, 52, who was charged with four counts of molesting the 22-year-old UN 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 which 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.
Alice further said the alleged victim told her about the incident via handphone and during the conversation, the alleged victim, who was clearly distraught, cried uncontrollably.
To a question why she chose Philip to manage the alleged victim, Alice said she was given a mandate just to send the finalist to the city for the photo shoot session which was fully conducted by Philip.
Alice also informed the court that on May 19, 2021, she and her driver had sent the finalist to the city and after arriving in the city, she asked the alleged victim to call Philip to fetch her in Maybank, Kg Air because she (Alice) did not know the Ever Best.
“At that time, Philip was the one who fetched the alleged victim. Before I left, I told Philip to take care of the alleged victim. I also took a selfie with Philip to prove that I have carried out my duty as a District UN Chairperson.
“After that I left the alleged victim with Philip as I have another matter to attend to.
“At about 11am the same day, I called the alleged victim and she informed me that she was still not at the photo shoot but Philip had taken her to lunch instead.
“In the afternoon, I tried to call the alleged victim again but her handphone was not active at that time. Since her handphone was not active, I called Philip directly for three times and he only picked up on the fourth time call.
“During the conversation with Philip via phone, he told me to not worry
by saying, ‘selagi saya ada, Unduk Ngadau kamu selamat di bawa jagaan saya
dan semua peserta UN sibuk sesi photo shoot (as long as I’m here, your UN is safe under my care and all UN participants are busy with photo shoot sessions).
“Before I ended the conversation, I informed Philip to ask the alleged victim to call me back. Philip did send me a photo of the alleged victim wearing an evening gown during the photo shoot session,” said Alice.
Meanwhile, the fourth witness, who is the alleged victim’s boyfriend said on the day of the incident, the alleged victim had told him that she was scared and wished to go back.
The 28-year-old man testified that the alleged victim had told him via WhatsApp that she felt uncomfortable with Philip but did not clearly explain to him what happened at the time.
He further said at about 10pm, the alleged victim informed him that her battery’s handphone was weak and would charge the handphone after arriving at the hotel.
To a question, the boyfriend said he knew the alleged victim was in fear because she sent a voice message via WhatsApp.
According to the witness, he was helpless as he was in Tambunan at the time of the incident.
He tried to contact the alleged victim many times but she did not pick up her phone due to her weak battery.
The witness further said he knew about the incident after it went viral on Facebook and after asking her girlfriend to reveal the matter.
He added that on the night of the incident, the alleged victim did tell him about the incident but did not elaborate further.
Philip, who was defended by counsel Abdul Fikry Jaafar Abdullah, had on June 10, 2021 claimed trial to the charges.
The trial started on April 12 this year and the prosecution had already called four witnesses and there are six more witnesses to be called.
The court set Jan 10, 2023 for the continuation of trial.
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