Kota Kinabalu: A 68-year-old man, who was jailed seven years for assisting in the management of a brothel, succeeded in his appeal against his conviction and sentence.
High Court Judicial Commissioner Amelati Parnell in delivering her ruling on the appeal by Chai Vun Hing, Friday, quashed the conviction and sentence imposed by the Sessions Court.
Chai, who was given a stay of execution of the sentence pending his appeal to the High Court, also saw his bail refunded.
Chai was on July 22, 2020 sentenced to seven years’ jail by the Sessions Court after he was found guilty at the end of the defence to committing the offence together with an accomplice known as Ah Cai, who is still at large, at 8.04am on April 3, 2017 in two rooms of a hotel in Bundusan, Penampang.
The charge under Section 373 (1)(A) of the Penal Code provides for a jail term of up to 15 years and is also liable to a fine, on conviction.
The Sessions Court had ordered Chai to serve the sentence from the date of his conviction but he managed to obtain a stay of execution pending an appeal. Chai was represented by counsel Victor Chong.
Meanwhile, a husband and wife were jailed three days and fined a total of RM24,000 in default 12 months’ jail each for using fake bank statements to get a tender to supply cooked food.
Sessions Court Judge Abu Bakar Manat meted out the sentence on Mohd Zain Becklono, 45, and Norafidah Palas, 37, Friday.
The court had imposed a day’s jail and fine of RM8,000 in default four months’ jail for each charge.
The court ordered the jail sentence to be run concurrently from Friday.
The couple had used three fake bank statements dated July 31, Aug 31, and Sept 30, 2016, under Suria Construction to obtain the tender to supply cooked food for SMK Pekan Kudat hostel.
The tender was from April 1, 2017, until March 31, 2019. The duo had submitted the fake documents to the Sabah Education Department on Nov 24, 2016.
The offence under Section 471 of the Penal Code and punishable under Section 465 of the same Code which provides a jail term of up two years or a fine or both, on conviction.
Prosecuting Officer Norsham Saharom from Malaysian Anti-Corruption Commission (MACC) appeared for the prosecution while Counsel Amli Nohin represented the couple. They paid their fines.
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