KOTA KINABALU: A local businessman from Telupid has won a High Court appeal over his conviction and sentence for cheating involving project to operate and upgrade the Koktal Route Safety and Camping Ground at Kinabalu National Park.

Eddie Chia Ching Hung was previously convicted and sentenced to two years imprisonment with two strokes of whipping by the Magistrate Court last year for dishonestly inducing Chan Kai Yau to buy 20 percent shares worth RM70,000.00 in a company owned by Eddie's wife.

He was accused to cheat Chan Kai Yau at Fook Yuen Kolombong on the 22 January 2014 when he represented to Chan that his wife's company had secured approval letter from Sabah Parks Board of Trustee to carry out the project.

High Court Judge Datuk Nurchaya Hj Arshad allowed the appeal and acquitted the appellant after hearing both submissions from the Deputy Public Prosecutor Hafizah Zahidah Abdullah and the appellant's lead counsel Mohd Azhier Farhan bin Arisin assisted by counsel Fareez Salleh.

During the hearing, the appellant raised the core issue whether the learned Magistrate had erred when she made a finding of fact that the approval letter purportedly signed by Dr Jamili Nais, the Sabah Parks director was not belong to the director and thereby rendered the letter as fake.

The appellant's lead counsel Azhier Farhan submitted the finding by the learned Magistrate was wrong for the prosecution had failed to call Dr Jamili Nais as a witness to confirm and testify the same. Azhier submitted there was no forthcoming explanation from the prosecution as to why Dr Jamili Nais was not called to the witness stand.

Azhier Farhan further argued the prosecution's failure to call Dr Jamili Nais to confirm his signature was unprecedented and amounting to suppression of evidence which entitled the court to invoke adverse inference against the prosecution under section 114(g) of the Evidence Act.

The appellant was seen having a sigh of relief upon Justice Datuk Nurchaya discharged and acquitted him. -NAA