
Kota Kinabalu: The case involving the remaining five individuals, including a Datuk, accused of being members of the organised crime group “Geng Upik”, has been postponed to June 5 (Thursday).
High Court Judge Datuk Dr Lim Hock Leng adjourned the case on Tuesday following a new development in the case, according to the prosecution.
The five, Datuk Maslan Sani, 41, Nelson Yen Yee Chung, 46, Zulkahar Dusing, 38, Rahman Burijin, 44, and Jaisalfian Jaineh @ Zaini, 45, were due to stand trial beginning Tuesday.
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The charge, under Section 130V(1) of the Penal Code, carries a jail term of between five and 20 years, on conviction.
Deputy Public Prosecutor (DPP) Datuk Nazran Mohd Sham earlier informed the court that a new development had emerged over the weekend.
He said the prosecution had been told that Nelson Yen was considering pleading guilty, should an alternative charge be offered to him.
The prosecution also informed the court that they have also been made aware that another accused, Mazlan Sani, has now indicated his willingness to plead guilty to the current charge under Section 130 (V) of the Penal Code.
As a result, the prosecution needs to get further directions and confirmation from headquarters, and to prepare for the facts and submissions for sentencing, said Nazran.
In light of this, the prosecution proposed that the court deal with the disposal of the two accused on June 5 so that instruction and preparation needed, could be completed by that time, said Nazran, among others.
Meanwhile, Zulkahar was unable to appear in court on Tuesday as he was involved in a drug trafficking case at the Tawau High Court the same morning.
The five were among 15 individuals charged with committing the offence.
However, on March 18 and 20, this year, 10 of them were each sentenced to three years after pleading guilty to the alternative charge of assisting an organised criminal group to further the interest of the group between June 15 and Dec 24, 2023.
The alternative charges under Section 130W of the Penal Code were offered by the prosecution to the 10 individuals following the acceptance of their representation letters to the prosecution.
The 10 were Mahathir Jibarail, 49, Mohd Faridzul Asmahadi, 32, Mohd Fikri Asme, 29, and Manan Ungok @ Salleh, 52, Mohd Fauzie Rablin, 34, Fazrul Bahar, 33, Shahlan Shah Abdul Samad, 38, Mazlan Mahmud, 49, Alkan Abraham, 36, and Norsyafilah Pawawoi, 28.
Together with Nazran Mohd Sham are DPPs Lina Hanini Ismail, Siti Hajar Mat Radzi and Nur Ainaa Ridzwan.
Nelson Yen was represented by counsel Datuk Ram Singh, Maslan by counsel Hamid Ismail, Zulkahar by counsel Shahlan Jufri, Rahman by counsel Jakariya Ab Jalil while Jaisalfian by counsel Muhamad Amirul Amin.
