KOTA KINABALU: The High Court here yesterday put off to Dec 23 this year the hearing of an appeal by the prosecution against the acquittal of a local man from a gang robbery charge.
Judicial Commissioner Stephen Chung Hian Guan deferred the hearing of the prosecution’s appeal against a Sessions Court’s decision in acquitting Quedaffih Usman, 36, at the request of deputy public prosecutor Raja Zaizul Faridah Raja Zaharuddin and Quedaffih’s counsel Erveana Ansari.
Raja Zaizul Faridah told the court that she was not ready to submit her submissions while Erveana told the court that she has yet to receive the record of appeal.
On June 18, this year, the Sessions Court here acquitted and discharged Quedaffih without his defence being called after the court ruled that the prosecution had failed to establish a case against him.
Quedaffih had allegedly robbed Tham Tet Seng, 22, of his hand phone and a wallet containing a MyKad and RM50, using a knife in front of Kedai Kopi 2020 in Taman Seputeh, Damai at 1.30am on March 1, 2009.
The alleged offence was committed with an accomplice, who is still at large.
Quedaffih was tried under Section 395 of the Penal Code which provides for a jail term of up to 20 years and whipping, on conviction.
Meanwhile in a separate case, Stephen will hear on Dec 9, this year, an appeal by Heirfand Soib, 35, against his conviction and sentence for gang robbery.
The court will also hear on the same day the prosecution’s cross-appeal to increase Heirfand’s jail terms. Stephen deferred the hearing on both matters to enable Heirfand to contact his Sabah Law Association-assigned counsel to prepare his appeal.
Earlier, Heirfand applied for an adjournment stating that he was not ready to proceed with the appeal as he is working outstation in Lawas. Heirfand is applying for a re-trial.
On June 28, this year, Sessions Court judge Duncan Sikodol sentenced Heirfand to four years in jail and ordered to be given one stroke of the cane after finding him guilty of robbing 20-year-old Pizza Hut worker Nur Sabri Bakhtiar’s cellphone.
He committed the offence with four other accomplices, who are still at large, using a buckle and a bottle at the first floor of Grand Plaza building in Putatan at 6pm on Jan 15, this year.
Heirfand was tried under Section 395/397 of the Penal Code which provides for a jail term of up to 20 years and whipping, on conviction.
However, Duncan allowed Heirfand’s application for a stay of the execution pending an appeal against the decision at the High Court.
Duncon released him on RM5,000 bail, with RM2,000 to be deposited with two local sureties pending the disposal of the case.