One month PKW for security guard
Published on: Saturday, April 29, 2023
By: Jo Ann Mool
The charge under Section 448 of the Penal Code carries a jail term of up to three years or a fine of up to RM5,000 or both on conviction. - Illustration pix by Motion Array
Kota Kinabalu: A security guard, who trespassed on a house in Sembulan claiming he was going to inform the house owner that his gate and door were opened, was sentenced to Compulsory Attendance Order (PKW) for one month.Ali Dualis, 40, pleaded guilty before Magistrate Lovely Natasha Charles to trespassing on the house at Lorong Selunsung C, Taman Selunsung belonging to one Md Yasser Aslam at 3pm on April 25, this year.
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The charge under Section 448 of the Penal Code carries a jail term of up to three years or a fine of up to RM5,000 or both on conviction.
The Magistrate sentenced Ali to undergo the order for two hours daily.
Earlier, Prosecuting Officer Inspector Kelvan Elson Maik, informed the court that on the said day, the complainant, Yasser, was in the house and realised an unknown man had entered through the closed and unlocked front gate and proceeded to open the main door of the house.
Yasser asked the man about the purpose of his presence, to which the man replied that he wanted to check if there was anyone inside or not and then left.
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The complainant contacted his older brother for help before they found the man, later identified as Ali near a prayer hut in the same area, detained him and handed him to the police.
Counsel Lim Ming Zoong @ Lawrence, representing Ali, requested a PKW on the grounds that he was in good faith to inform the owner politely that the gate and the door were opened and that he had not financially benefited from the case.
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Lim added that Ali was a security guard, a divorcee with six children and still sending money for his children and also taking care of his father.
In another case, a 53-year-old man was charged with theft.
Rizal Halim pleaded not guilty to stealing three sets of Y12 iron belonging to Singkong Fleet JV Sdn Bhd at 8am on April 25, at Pan Borneo site near Bandar Sierra, Manggatal.
He was charged under Section 379 of the Penal Code which carries a jail term of up to seven years or fine or both, on conviction.
The prosecution in applying for a case management date, proposed bail at RM4,000 in two sureties.
Counsel Luqman Syazwan Zabidi Mohd applied for a lower bail on the grounds, among others, that he was unemployed and financially dependent on his children who are currently working in Peninsular Malaysia.
Luqman added that the accused was also a stroke patient and dependent on daily medication.
The court set June 7 for case management and released Rizal on a bail of RM1,500 in one surety.
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