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Borneo Post
04-07-2025
- Borneo Post
High Court upholds decision to discharge and acquit Kuching man of gang robbery
Alex exits the courtroom flanked by Arthur and Elissa. KUCHING (July 4): The High Court here yesterday upheld the Sessions Court's decision to discharge and acquit a 35-year-old man who had been charged with gang robbery involving an Indonesian worker at a construction site. Judge Leonard David Shim made the ruling after dismissing the prosecution's appeal in the case involving Alex Ujai. 'After perusing the Record of Appeal, the Petition of Appeal, the Grounds of Decision, and the submissions by the learned deputy public prosecutor and counsel for both parties, the court finds that there is no appealable error in the decision of the learned Sessions Court Judge, nor any compelling reason to disturb the findings of fact. 'Accordingly, the decision of the Sessions Court is affirmed, and the appeal is dismissed,' he said. Deputy public prosecutor Filanny Siji appeared for the prosecution, while the accused was represented by lawyers Arthur Liang Dawat and Elissa Effie. On June 20, 2024 the Sessions Court here had ordered the accused to be discharged and acquitted after the prosecution failed to establish prima facie. The appellant subsequently filed an appeal in the High Court on June 25, 2024. According to the charge sheet, the offence was allegedly committed at a workers' quarters at a Jalan Arang construction site here on Jan 3, 2023 at around 2.30am. Facts of the case revealed that two men, claiming to be officers from the Immigration Department, forced the complainant and her husband to surrender their belongings, including their work permits, under threats of immediate restraint. Upon becoming suspicious, the victim lodged a police report, which led to Alex's arrest on the same day. During an identification parade, Alex was found to match the description of one of the two suspects. As a result, Alex was charged in the Sessions Court with committing an offence punishable under Section 395 of the Penal Code, which carries a jail term that may extend to 20 years and caning upon conviction. Filanny Siji gang-robbery Kuching High Court lead Leonard David Shim
Borneo Post
25-04-2025
- Borneo Post
Fishmonger jailed 6 months for possessing turtle eggs after Kuching High Court allows prosecution's appeal
Photo for illustration purposes only. – Photo from KUCHING (April 25): The High Court here today sentenced a fishmonger to six months in prison for illegally possessing 490 turtle eggs three years ago, after allowing the prosecution's appeal. Judge Leonard David Shim delivered the revised sentence against Amir Tahrimie Ya'kob, 37, after the prosecution successfully appealed for a review of the original punishment from the lower court. Shim also upheld the RM24,500 fine imposed earlier on Amir by the Sessions Court. On June 27, 2024, Amir pleaded guilty in the Sessions Court to a charge under Section 37(1) of the Wild Life Protection Ordinance 1998, punishable under Section 37(2)(a) read with Section 29(1)(c) of the same law. He was charged with possessing 490 turtle eggs of the Cheloniidae species without authorisation from the wildlife controller at a premises on Jalan Sultan Tengah around 6pm on July 15, 2022. The Sessions Court sentenced him to a fine of RM24,500 in default six months' imprisonment and Amir paid the fine. The appeal of the case was conducted by deputy public prosecutor Arvin Khan, while Amir was represented by lawyer Theresa Dunstan Udam. According to the facts of the case, a team of wildlife officers from the Sarawak Forestry Corporation (SFC) conducted an inspection at a shop believed to be storing turtle eggs, which is a protected species. The inspection uncovered five transparent plastic bags containing 490 turtle eggs. Further investigation revealed that Amir failed to produce any written authorisation from the wildlife controller permitting him to possess the eggs. Arvin Khan Kuching High Court lead Leonard David Shim
