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Proceedings adjourned pending application to High Court
Published on: Thursday, November 30, 2023
By: Jo Ann Mool
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Proceedings adjourned pending application to High Court
On Oct 31, the court ordered Philip to enter his defence to the charge under Section 354 of the Penal Code and had originally set two days of defence trial on Nov 29 and 30.
Kota Kinabalu: IN another case which Philip Among was accused of molesting an 18-year-old woman, the defence proceedings was adjourned by the Magistrate’s Court, Wednesday.

Magistrate Lovely Natasha Charles made the decision on Wednesday pending the hearing of Phillip’s revision application at the High Court.

Wednesday was set for mention of Philip’s case in which his counsel informed the magistrate that they had filed a revision application to the High Court to challenge the Magistrate’s Court decision ordering him to enter his defence on the charge last month.

The counsel applied for the defence proceedings to be stayed and the trial date to be vacated until further order of the High Court.

On Oct 31, the court ordered Philip to enter his defence to the charge under Section 354 of the Penal Code and had originally set two days of defence trial on Nov 29 and 30.

The prosecution had objected to the defence proceedings to be stayed, on the grounds, among others, that as of Wednesday the defence only filed a revision and that the stay order should come from the High Court.

The prosecution applied for the trial to proceed.

Earlier, the magistrate allowed for the accused’s attendance on Wednesday to be dispensed with after being informed by his counsel that he was on sick leave.

Phillip was accused of committing the offence against the woman at 11pm on April 17, 2021 in the living room of Jesselton Capsule Inn in Asia City.

On June 10, 2021 Phillip claimed trial to the charge, which provides for a jail term of up to 10 years, or with a fine or with whipping or with any two of such punishments, on conviction.

Counsel Abdul Fikry Jaafar Abdullah and Azhier Farhan represented Phillip while Deputy Public Prosecutor Siti Hajar Mazlan appeared for the prosecution.

Meanwhile, a 45-year-old man, who fraudulently had RM13,310 deposited into his bank account was fined RM100 or two weeks jail.

Goh Yee Ta pleaded guilty to having the money belonging to one Wong Sheu Chyi, in his OCBC bank, in which he failed to give a satisfactory explanation on how he obtained them at Luyang on June 12, this year.

The offence under Section 22A (1) of the Minor Offences Ordinance, provides a fine of up to RM100 or up to three months jail or both, on conviction.

Goh through duty counsel Mohd Nazri Zikiri, requested leniency by saying that he came all the way from Kuala Lumpur.

In another case, a man was jailed nine months for having syabu.

Hasrul Sudin admitted to having 0.13gm of syabu here on June 12, this year.

He was charged under Section 12 (2) of the Dangerous DrugS Act 1952, which provides for a fine of up to RM100,000 or up to five years jail or both on conviction.

Inspector Kelvan Elson Maik prosecuted.

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