Kota Kinabalu: A 57-year-old project broker, who was jailed 24 months and fined RM6,000 for cheating a woman of RM50,000 over a housing development project, failed in his appeal against his conviction, Thursday.
High Court Judge Leonard David Shim dismissed Chin Swee Fah’s appeal and affirmed the decision of the Magistrate’s Court.
Chin was on March 29, 2021 found guilty of cheating Norlihan Mohd Azman by making her to believe that he could come up with the land rezoning paperwork for housing development in Kota Marudu, causing the complainant to give RM50,000 to him.
The offence took place at noon between Feb 27, 2017 and March 20 the same year at the Runaway Café in Tanjung Aru.
The charge under Section 420 of the Penal Code provides for a jail term of between one and 10 years, and whipping and fine, on conviction.
The Magistrate ordered Chin to serve the imprisonment sentence from the date of his conviction but Chin managed to obtain a stay of execution pending an appeal to the High Court.
Chin’s oral application for a stay pending an appeal to the Court of Appeal, was not allowed.
He was represented by counsel Mohamad Syazwan Shah Mohamad Ali while Deputy Public Prosecutor (DPP) Mohammad Ali Imran appeared for the prosecution.
Meanwhile, an unemployed Filipino was tentatively charged in the Magistrate’s Court with trafficking drugs.
Al Fidal Hassan, 24, was accused of trafficking 50.3gm of syabu at 2.15pm on Sept 5, this year at the roadside of a junction to Shell Inanam, Jalan Inanam.
However, no plea was taken from Al Fidal, who appeared before Magistrate Jessica Ombou Kakayun, after the charge was read out to him.
The charge under Section 39B(1)(a) of the Dangerous Drugs Act 1952, carries a punishment of either the death penalty or life in prison and whipping with a minimum of 15 strokes.
The prosecution applied for a new mention date while waiting for the chemist’s report and objected bail for Al Fidal as the charge has no provision for bail.
Jessica fixed Oct 19 for mention and ordered the accused to be further remanded.
In another case, an entertainment outlet caretaker was fined RM2,000 or three months jail for running an entertainment centre without a licence.
Leong Ka Sheng, 31, admitted to committing the offence at the Space Bar, at Bundusan, Penampang at 1.25am on Feb 2, this year.
The charge under Section 3 of the Public Entertainment Ordinance 1958 which provides for a fine of up to RM50,000 or up to one year jail or both on conviction.
Inspector Albert Basiri prosecuted.
* Follow us on Instagram and join our Telegram and/or WhatsApp channel(s) for the latest news you don't want to miss.
* Do you have access to the Daily Express e-paper and online exclusive news? Check out subscription plans available.
