Kota Kinabalu: A 29-year-old man was fined RM4,000 or seven months’ jail by the Magistrate’s Court, Thursday, for damaging public property.
Alif Hussien, 29, pleaded guilty before Magistrate Marilyn Kelvin to committing mischief by cutting a 32ft electric cable belonging to the Kota Kinabalu City Hall, on Feb 26, this year, at 3am, along the pedestrian walkway near Jalan Coastal, close to Api-Api Centre, here. He committed the offence along with an accomplice.
Alif was charged under Section 431A of the Penal Code, read together with Section 34 of the same Act, which carries a penalty of up to two years in prison, a fine, or both, on conviction.
The facts of the case presented by the prosecution stated that acting on a tip-off, police officers from the Kota Kinabalu Criminal Investigation Department and Task Force went to Jalan Coastal at around 3am on Feb 26.
Upon arrival, they spotted two men behaving suspiciously. Both men attempted to flee but were caught.
A search at the scene led to the discovery of several items believed to be linked to the theft, including a backpack, a 32ft-long cut electric cable, two types of pliers and a pair of shoes.
Further investigation confirmed the cable belonged to City Hall.
A representative from City Mall identified the seized cable and it was confirmed that a police report had been lodged earlier regarding the theft.
Unrepresented, Alif pleaded for a fine instead of jail, saying he needed to be by his wife’s side as she is heavily pregnant with their first child.
He also told the court that he is the main carer for his elderly parents.
In another case, a carpenter was fined RM3,000 or seven months’ jail for trespassing into a shop in Karamunsing complex.
Jerry Yap admitted to sneaking into the Syarikat Tay G05 premises belonging to one Tay Boon Hong, on Feb 15, this year, at 9.55pm.
The charge is framed under Section 448 of the Penal Code which carries a jail term of up to three years or fine of up to RM5,000, or both, on conviction.
The facts of the case stated that on Feb 15, at 9.55pm, the complainant was at home when he noticed suspicious activity at his shop through CCTV footage on his mobile phone and saw someone he recognised, his former employee, Yap, entering the shop using a key.
The complainant suspected that yap still had a copy of the shop key, which he had taken without permission.
CCTV footage showed Yap unlocking the door and entering the shop before leaving about five minutes later.
The next day, at 5.50pm, police arrested Yap and also seized the key from him.
Yap admitted it was the shop key, which he had kept since his time working for the complainant.
Further investigation confirmed that Yap had unlawfully entered the shop using the key without the complainant’s knowledge or consent. Inspector Yusdi Basri prosecuted.
