Kota Kinabalu: The Court of Appeal on Wednesday fixed Oct 8 for case management of the prosecution’s appeal against the acquittal of a politician from a charge of misappropriation of property 10 years ago.
A three-member Court of Appeal bench, chaired by Judge Datuk Supang Lian, Datuk Collin Lawrence Sequerah and Datuk Wong Kian Kheong set the case management date via Zoom for the appeal by the prosecution against the respondent Phillip Among @ Daniel Deil Fidelis’ acquittal.
Wednesday was scheduled for a mention of the appeal for the appearance of the doctor who issued the medical certificate for Philip, who has been suspended from Sabah Star, as the court sought to understand the reason for Philip’s absence on Tuesday.
The medical certificate submitted by Philip’s counsel on Tuesday stated that he was not fit for duty.
On Tuesday, the court issued a warrant for the arrest of Philip, 55, for failing to attend the appeal hearing.
During Wednesday’s proceedings, the doctor of a private hospital, who was present in court, confirmed that he issued the medical certificate to Philip on Sept 20, valid for 12 days until Oct 7, because Philip was experiencing symptoms related to kidney stones and gallbladder stones.
According to the doctor, Phillip did not inform him on Sept 20 before he issued the medical certificate that he was supposed to appear as a respondent in Tuesday’s appeal.
In response to a question from Judge Wong, the doctor confirmed that he was aware that if a person is to appear in court as a party, rather than as counsel, which does not require vigorous physical or intellectual work, they can still attend despite their medical condition.
The doctor also stated that he was unaware that his medical certificate had been used to postpone the appeal on Tuesday.
Meanwhile, Philip’s counsel informed the court that they could not contact the respondent but reassured the court that he would not abscond as he is also filing an application to the Federal Court to set aside the reinstatement order.
The prosecution informed the court regarding the warrant for arrest that they were unable to locate the respondent and that the warrant could not be executed.
The police officer visited the respondent’s last known address but was unable to find him there, said DPP Sarulatha Paramavathar.
The court reminded the counsel that the warrant of arrest was issued under the Criminal Procedure Code until it was executed or revoked by the court.
On March 20, this year, the Court of Appeal granted the prosecution’s application to reinstate its appeal against Phillip’s acquittal from a charge of misappropriation of property after the case was struck out by the same court nine years ago.
On Sept 6, 2013, Phillip was found guilty and convicted by the Sessions Court here of dishonestly misappropriating Merbau wood worth RM399,388 belonging to a businessman in India, Chandulal Manji, at 6.52pm on June 25, 2008 at the MISC office in Wisma Takada in Jalan Gaya here.
Philip was then sentenced to 12 months’ jail, a stroke of the cane and fined RM100,000 or 18 months’ jail for the offence under Section 403 of the Penal Code, which carries a jail term of between six months and five years and whipping and liability of a fine, on conviction.
However, on April 22, 2014 the High Court quashed his conviction and sentence following his appeal against the Sessions Court’s decision.
The prosecution then appealed to the Court of Appeal against the High Court’s decision to reverse the conviction and sentence imposed on Phillip.
On Nov 16, 2015, the Court of Appeal struck out the appeal by the prosecution after being informed that they could not serve the notice of hearing to Philip, despite three attempts of doing so in that year.
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