Kota Kinabalu: A farmer, who was released on a bond of good behaviour for two years for entering the Sabah Park areas in Kota Belud without permit, was freed by the High Court here from the charge.
Judge Datuk Ismail Brahim discharged and acquitted Tingkun Penimbol, 53, and allowed his appeal against the sentence and conviction, after hearing submissions from both parties.
Ismail set aside the sentence of bond of good behaviour for two years imposed on Tingkun by the Sessions Court.
In making the decision, Ismail among others, said that there were merits on the appeal and that the decision by the Sessions Court was set aside.
Tingkun had appealed against the sentence and conviction after he was found guilty of the charge by the Sessions Court.
On Jan 26, 2023, Tingkun was convicted of entering the Taman Kinabalu area near Kg Sayap without written permission of the Board, or the Director, or any Park Officer at 11am on Nov 27, 2017.
He was charged under Section 48(1)(p) of the Parks Enactment 1984 (Amended 2007) and punishable under Section 48(1)(2) of the same Enactment which provides for a jail term of up to a year, or a fine of up to RM50,000, or both, on conviction.
Deputy Public Prosecutor Azreen Yaz appeared for the prosecution while counsel Datuk Ram Singh, Kimberly Ye and Chen Wen Jye represented Tingkun.
