KOTA KINABALU: The High Court here yesterday increased the prison term for a mechanic who was convicted and sentenced for selling a stolen pick-up truck.
Chief Judge of Sabah and Sarawak, Tan Sri Richard Malanjum, enhanced the 18-month jail sentence to 24 months following an appeal by Emealdy Ombongod against his sentence and conviction.
Defence counsel Arthur Borine had argued that his client had no knowledge that the vehicle he had sold was stolen.
He also argued that the prosecution had failed to call an important witness to testify.
However, deputy public prosecutor Luke Ressa Balang replied that the accused had been a mechanic for 10 years and Emealdy was not only not credible but was inconsistent.
It was impossible, Luke argued, for Emealdy not to know that the vehicle had been stolen.
On a second issue, Luke argued that Antonius, a person whom the defence claimed to have been responsible for the theft of the vehicle, had not been called as he was not a prosecution witnesses, hence the witnesses would not know who Antonius was.
Luke also argued that though the prosecution was not appealing on the sentence, it was the discretion of the court as to whether to enhance the sentence, as the crime of vehicles being stolen and re-sold was rampant.
Emealdy committed the offence in March 2013, at around 2pm, at a workshop at Kampung Bingkor Keningau, where he had sold a Toyota Hilux Vigo to Rozan Richard Bashir @ Suwito for RM15,000.
The offence, which falls under Section 414 of the Penal Code, carries a prison term not exceeding seven years and a fine.
The same court then dismissed an appeal made by Arthur against the sentence and conviction of Emealdy, who was sentenced to a total of 11 years in prison and a fine of RM30,000 for selling two pick-up trucks.
On the first amended charge, Emealdy had sold a stolen Isuzu D-Max to one Simon @Lubis Limin in March 2013, at around 3pm at Kampung Bingkor in Keningau.
He sold the vehicle, which had not been registered with the Road Transport Department, for RM17,000.
The second amended charge stated that he had sold a second Isuzu D-Max to Sofie Sapli @ Mohd Sopie for RM18,000, which was also not registered with the Road Transport Department.
He committed the offence at 9pm in April 2013 near the Bingkor Mosque.
Both offences are framed under Section 413 of the Penal Code and carry a maximum prison term of 20 years and a fine.