Appeal against politician’sacquittal set for July 7

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KOTA KINABALU: The prosecution’s appeal against the acquittal of a politician charged with misappropriating RM399,388 worth of property has been adjourned to July 7 this year by the Court of Appeal which sat here yesterday.

Justice Dato’ Mohd Hishamudin Md Yunus, who sat together with Justices Datuk David Wong Dak Wah and Dato’ Umi Kalthum Abdul Majid, unanimously agreed to defer the prosecution’s appeal against respondent, Philip Among @ Daniel Deil Fidelis, after he did not turn up in court.

Deputy public prosecutor, Mohd Fairuz Johari, told the court that they have failed to serve the notice of hearing on Philip’s counsel.

The prosecution is appealing against the High Court’s decision to acquit Philip for allegedly misusing a consignment of Merbau logs by sending them to Syarikat Sri Ganesh in India, instead of delivering the consignment to the actual owner, Chandul Manji, a 40-year-old businessman from India.

Philip, who was the Sabah STAR candidate for Kapayan in the 13th general election, had allegedly committed the offence for his own benefit at the MISC office in Wisma Takada, Lorong Ewan, Jalan Gaya here between June 23, 2008 and July 7, 2008.

The offence, framed under Section 403 of the Penal Code, provides for a jail term of between six months and five years and whipping and a fine, upon conviction.

On April 22, 2014, the High Court here freed Philip from the charge after setting aside his conviction and sentence imposed by the lower court.

On September 6, 2013, Philip was sentenced to a year’s imprisonment by the Sessions Court here and fined RM100,000, in default, 18 months’ jail plus one stroke of the cane after finding him guilty of committing the offence.