Bid to reinstate politician’s case granted: Misappropriation of property more than 10 years ago
Published on: Thursday, March 21, 2024
By: Jo Ann Mool
Phillip was then sentenced to 12 months’ jail, one 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.
Kota Kinabalu: The Court of Appeal granted the prosecution’s application to reinstate its appeal against the acquittal of a politician from a charge of misappropriation of property after the case was struck out by the same court nine years ago.
Justice Datuk Supang Lian, who sat with Datuk Collin Lawrence Sequerah and Datuk Wong Kian Kheong, made the decision after hearing the appeal application against the respondent Phillip Among @ Daniel Deil Fidelis, 55.
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Deputy Public Prosecutor (DPP) Mohd Amril Johari informed the court that Phillip was absent for the hearing and that the notice failed to be executed on him.
DPP Mohd Amril said the reason for the application was because Phillip is now facing five charges of molest under Section 354 of the Penal Code in the Magistrate’s Court and that they have all relevant documents.
DPP Mohd Amril added that the case is fixed for mention on March 27 as the respondent was called to enter his defence on all five charges.
However, the respondent filed an application to the High Court against the Magistrate’s Courts’ order to enter his defence on the five molest charges, said DPP Mohd Amril.
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“With that, we are confident that the notice of hearing could be served on respondent,” he added.
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, Jalan Gaya.
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Phillip was then sentenced to 12 months’ jail, one 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 filed an appeal 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 were unable to serve the notice of hearing to Phillip.
The date was fixed as the final adjournment of the appeal as the party was unable to serve the notice of hearing to Phillip despite three attempts on May 19, July 1 and July 6, 2015.
Phillip, who was a technical head for 2021 Unduk Ngadau competition, is currently facing five charges of molesting two women (four against a State Unduk Ngadau contestant, 21, and one against an 18-year-old woman).
The offences were allegedly committed at separate locations here on four different times on May 19, 2021 and on April 17 the same year.
Phillip has on June 10, 2021 claimed trial to each charge under Section 354 of the Penal Code which provides for a jail term of up to 10 years, or with fine or with whipping or with any two of such punishments, on conviction.
He was ordered to enter his defence on all charges but the cases had been adjourned pending the disposal of his application to review the lower court order requiring him to answer the charges brought against him.
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