Man ordered to enter defence over stolen property

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KOTA KINABALU: The High Court here yesterday set aside the acquittal of a local man on a burglary charge and ordered him to enter his defence on an amended charge of disposing of stolen items.

Justice Dato’ Abdul Rahman Sebli allowed the prosecution’s appeal against the Magistrate’s Court’s decision to acquit Ali Rosli, 26, from the burglary charge.

Abdul Rahman made the decision after hearing the submissions from the appellant, represented by deputy public prosecutor Uma Devi Balasubramaniam and the reply from Ali, who was unrepresented.

Abdul Rahman then ordered the case to be mentioned in the Magistrate’s Court on Jan 12, this year and allowed the respondent to be released on a RM5,000 bail to be deposited with two local sureties, pending the disposal of the case.

The judge ordered the amended charge to be drafted and filed by the prosecution.

On April 30, 2010, the Magistrate’s Court acquitted and discharged Ali after ruling that the prosecution had failed to establish a prima facie case against him.

Ali was allegedly to have broken into a house at Kendara Apartment 2 here between 7am and 10am on Sept 23, 2009 and stole jewellery items including a gold bracelet, a wrist watch, three pieces of gold rings and three pairs of gold earrings altogether worth about RM5,000.

The offence which was framed under Section 457 of the Penal Code provides for a jail term of up to 14 years and a fine upon conviction.

In conveying his decision, Abdul Rahman held that the magistrate had erred in acquitting and discharging the respondent from the charge without amending the charge.

He said it was clear from the evidence that the respondent had disposed off the stolen jewelleries and the complainant had also identified his belongings.

The magistrate should, according to Abdul Rahman, call the respondent to enter his defence on the amended charge under Section 414 of the Penal Code which carries a jail term of up to three years, or with a fine, or both, upon conviction.