peguam sabah

Sabah homestay operator cleared of drug possession charge

Sabah homestay operator cleared of drug possession charge

KOTA KINABALU: The magistrate's court here freed a homestay operator from a drug possession charge on the grounds of technicality.

Magistrate Afiq Agoes acquitted and discharged Mohd Nasrul Jainorahim, 38, who was charged under Section 12 (2) of the Dangerous Drugs Act 1952, punishable under Section 39A (1) of the same Act.

"Having heard the defence as well as having seen all the submission submitted, I am inclined to agree with counsel that the prosecution's technical failure in tendering the amended charge with the accurate weight of drugs possessed by the accused, is fatal to the case.

"Therefore, the accused in this case is discharged and acquitted from the charge," Afiq said when he delivered his decision after a full trial has been conducted since 2019.

Housewife cleared of charges over fake statement, letter, payslip

Housewife cleared of charges over fake statement, letter, payslip

KOTA KINABALU: A housewife was acquitted and discharged by the Magistrate’s Court here yesterday from a charge of using as genuine a fake account statement last year. The prosecution called four witnesses to testify against Bibe, who was represented by counsel Azhier Farhan Arisin.

Man acquitted of cannabis possession

Man acquitted of cannabis possession

KOTA KINABALU: The Magistrate’s Court yesterday discharged and acquitted a 25-year old man of a charge of possessing 49.7 grams of cannabis. Inspector Albert Basiri prosecuted while Mohd Fitri was represented by counsel Azhier Farhan Arisin.

Two rape accused escape jail time

Two rape accused escape jail time

KOTA KINABALU: A man, who is paralyzed due to an accident prior to his trial, has escaped a jail sentence after he was given a two-year bond of good behaviour for raping his teenage lover three years ago.

Sessions Court judge Azreena Aziz handed down the sentence on Mohd Azhar Jeminos, 23, yesterday, pursuant to Section 294 of the Criminal Procedure Code.

Mohd Azhar initially decided to plead guilty at the defence stage of the trial to raping the 15-year-old girl at a hut in a village in Tuaran in early March 2015.

The offence, framed under Section 376(1) of the Penal Code, is punishable with a jail term of up to 20 years and whipping, upon conviction.

The bond was imposed with a local surety, who must be a family member, in the sum of RM10,000 with RM5,000 to be deposited. A deposit sum of RM1,500 was ordered to be paid yesterday while the balance on or before July 30.

Azhar was also ordered to pay a RM10,000 compensation to the victim, in default, six months’ jail, and to be placed under police supervision for two years after serving his sentence.

The court allowed for the compensation to be paid in monthly instalments of RM400, with the first payment to be made on or before July 30. The final sum of RM400 will be on August 28, 2020 which the court fixed for remention to review the payments.