Court issues arrest warrant against politician

KOTA KINABALU (Sept 24): The Court of Appeal here on Tuesday issued an arrest warrant against a politician for failing to turn up for hearing of an appeal on his acquittal from a charge of misappropriation of property allegedly committed 16 years ago.

Justice Datuk Supang Lian, who sat with Datuk Collin Lawrence Sequerah and Datuk Wong Kian Kheong, issued the warrant of arrest against Phillip Among @ Daniel Deil Fidelis, 55, following an application by the prosecution since he did not turn up in court on Tuesday.

The prosecution, who acted as an appellant in the appeal, wanted for Phillip’s acquittal be quashed.

Phillip’s counsel, who applied for another date, told the court that Phillip was on medical leave related to gallstones and was not fit to attend court as he was advised by a doctor to have a rest.

However, the appellant who raised an objection to the application, argued that they were ready to proceed with the appeal and requested a warrant of arrest to be issued.

The appellant claimed that the respondent had frequently used a medical certificate to be absent from court in the past and Phillip’s counsel rebutted that this was the respondent’s first medical certificate presented in this court.

The court had then directed the doctor attending to Phillip to appear in court to explain his diagnosis on his patient’s health in the afternoon hearing.

In the afternoon, the court had scheduled Wednesday (September 25) for the doctor and Philip to attend the court.

The hearing was put off after the counsel informed the court that the doctor was conducting an operation at a hospital and Phillip still could not be reached by phone.

On March 20, the same court granted the appellant’s application to reinstate their appeal against Phillip’s acquittal.

On November 16, 2015, the Court of Appeal here struck out the prosecution’s appeal against the acquittal of the respondent.

The appellate court at that time unanimously made the order after being informed by the prosecution that they were unable to serve the notice of hearing to the respondent.

On April 23, 2014, the respondent won in his appeal after the High Court here set aside his conviction and sentence imposed by the lower court.

The respondent was jailed for one year and fined RM100,000, in default, 18 months’ jail by the Sessions Court here on September 6, 2013.

The Sessions Court also ordered the respondent to be given one stroke of the cane.

The respondent had allegedly misused a consignment of Merbau logs by allegedly sending them to a company in India, instead of delivering the consignment to the actual owner, a 40-year-old businessman from India.

He was accused of committing the alleged offence for his own benefit at an office at Gaya Street here between June 23, 2008 and July 7, 2008.

The charge was under Section 403 of the Penal Code, which provides for a jail term of up to five years and whipping and a fine, upon conviction.