Cheating: No-show man’s appeal struck out

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KOTA KINABALU: An arrest warrant was issued by the High Court here yesterday against a local man when he did not turn up in court for the hearing on his appeal.

Abdul Lahid @ Abdul Asik Marusin, 61, had appealed against the lower court’s decision in convicting him on three charges of cheating by posing as a Barisan Nasional representative to solicit donations for the election.

Justice Chew Soo Ho, who issued the arrest warrant, also struck out his appeal and affirmed the sentences meted out by the lower court on February 1 this year.

The appellant was sentenced to a total of 12 years’ jail and RM10,000 fine, in default, 12 months’ jail after he was found guilty to all three charges.

On the first count, he was sentenced to four years’ jail plus RM5,000 fine, in default, six months’ jail for deceiving a 42-year-old local man by saying that he was a BN representative entrusted to collect donations or contributions for the election that was just around the corner.

The charge stated that the appellant, abetted by an accomplice who is still at large, had deceived the victim into handing over a cash cheque for RM10,000 to them at a premises in Jalan Bundusan, Penampang at 9am on October 2.

He was charged under Section 420 of the Penal Code, read together with Section 34 of the same Code, which carries a maximum jail sentence of 10 years or with a fine and whipping on conviction.

On the second charge of cheating the same victim for the same purpose at the same place on October 4 where he allegedly induced the victim to give him another RM10,000 cash cheque, the appellant received another four years’ jail sentence and a RM5,000 fine, in default, six months’ jail. The jail terms run consecutively.

For the third count of attempting to cheat the same victim for the same purpose at the same place at 10am on October 4, the appellant was sentenced to four years’ jail. The four-year jail term runs concurrent with the other two jail terms.

The attempted cheating charge under Section 420 of the Penal Code, which is punishable by a jail term of up to five years or with a fine and whipping upon conviction.

Deputy public prosecutor Ahmad Nazneen Zulkifli prosecuted.