Kota Kinabalu: A Filipino labourer, who molested his neighbour, was jailed 14 months and fined RM2,500 or another four months, Wednesday.
Jonny Utuh, 47, pleaded guilty before Magistrate Lovely Natasha Charles to caressing the 33-year-old woman’s private parts at 5am on Jan 19 this year at a village in Likas.
The prosecution informed the court that the victim was sleeping in her room when she felt her private parts being groped and found Jonny lying by her side.
Jonny fled when he realised that the victim had woke up, the court heard.
During the incident, the doors of the victim’s room and house were not locked.
Further investigations revealed that the victim knew Jonny since she rented the house in Aug 2022 and that Jonny was her neighbour.
Jonny had also offered to take care of the victim’s two sons while she went to work as the victim was a divorcee, the court heard.
The complainant lodged a report against Jonny as she was uncomfortable and feared that the matter would happen again.
Jonny was charged under Section 354 of the Penal Code, which provides for a jail term of up to 10 years, or with fine or with whipping or with any two of such punishments, on conviction.
Jonny, who was not represented, requested for leniency.
Inspector Kelvan Elson Maik prosecuting, applied for a heavier sentence be imposed on Jonny on the grounds that his action degrade the dignity of women and also a humiliation to men.
A deterrent sentence would serve as a lesson to the public that touching female body parts was not acceptable at all, he submitted.
Kelvan also applied for Jonny to be referred to the Immigration Department as he has no valid identification documents. The court ordered Jonny to serve the sentence from the date of his arrest on Jan 20.
In another case, a 32-year-old undocumented Filipino was jailed 30 months and ordered to be caned three times for having 9.21gm of syabu.
Acai Baiting pleaded guilty to having the drugs at 1pm on Sept 5, last year at Inanam town.
He had committed an offence under Section 12(2) of the Dangerous Drugs Act punishable under Section 39A(1) of the same Act which carries a jail term of between two years and five years and whipping between three and nine times, on conviction.
Counsel PJ Perira representing Acai, applied for a lenient sentence on the grounds that he cooperated with the police during investigation and save the court’s time by pleading guilty to the charge.
The court ordered both Jonny and Acai to be referred to the Immigration Department after serving their sentences.
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