KUCHING: The High Court here yesterday affirmed the two years’ jail and RM1,500 fine each imposed on two men for theft by the magistrate’s court.
Justice Tan Sri Richard Malanjum dismissed the appeal made by Anding Nuga, 38, and Keith Rico Kakoh, 18, against the decision of the magistrates’ court last April.
The decision was made after hearing submissions from counsel Ateng Jeros who acted for both appellants and replying for DPP Musli Abdul Hamid.
Magistrate Portia Tham Ong Leng found them guilty of theft committed on Oct 27 last year at a house at Jalan Durian Burung, where they stole a television set and Astro decoder.
The duo was convicted of a charge under Section 380 of the Penal Code.
In the same court room, he allowed the appeal by a prosecution against a man discharged and acquitted from a housebreaking charge without his defence being called. The judge ordered the case to be transferred to a magistrates’ court for a retrial.
Mervin Mengu, 39, illegally entered a house at Mile 10, Kota Padawan at about 3.30pm on Sept 20 last year where he was said to have stolen a gold necklace and gold bracelet belonging to houseowner Edmund.
On Dec 1, the charge was dropped without calling for his defence.