KOTA KINABALU, Dec 20 — A politician was jailed for eight months and fined RM5,000, in default four months’ jail by a Magistrate’s Court here on Thursday for molesting an 18-year-old girl four years ago.
Magistrate Dzul Elmy Yunus imposed the sentences on Phillip Among, 56, after finding him guilty of the molest charge.
The magistrate ruled that the prosecution had proven its case beyond reasonable doubt against Phillip.
“I found the defence by the accused was only a bare denial, afterthought and do not cast doubt against the prosecution’s case.
“Thus, the prosecution managed to prove the case against the accused beyond reasonable doubt,” said Dzul.
The court held that after numerous sessions of cross-examination, the evidence of the defence victim stood firm with her claim.
“Even if some discrepancies happen, it does not affect the fact the victim was molested,” he said.
He added that the court believed it was only minor discrepancies and not fatal to the prosecution stage.
Phillip was convicted on committing the offence against the girl at a living room of a capsule hotel on April 17, 2021.
The offence was under Section 354 of the Penal Code which provides for a jail term of up to 10 years, or a fine, or whipping, or any two of the punishments, upon conviction.
However, the court allowed Phillip’s application for a stay of his execution on sentence, pending his appeal to a High Court here.
Phillip was released on his previous bail with additional of RM5,000 and additional conditions such as his passport to be kept by court and for him to report to a nearest police station was maintained.
The court ordered that the fine and additional bail be paid by Thursday.
The prosecution had produced 10 witnesses to testify against Phillip while Phillip was the sole defence witness.
Counsel Abdul Fikry Jaafar Abdullah, who represented Phillip, prayed for a non-custodial sentence to be imposed on his client and submitted that his client was first offender offender.
In reply, the prosecution urged court to impose a deterrent sentence as Phillip shown no remorse.
He denied all wrongdoing, offered implausible explanations, and sought to discredit the victim.
The prosecution applied for a sentence of three years’ imprisonment and a fine, which would reflect the seriousness of the offence, to deliver justice to the victim and to send as a clear warning that committing sexual crimes is not tolerated.
The case was first brought to court on June 10, 2021. — The Borneo Post
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