KOTA KINABALU: A politician has been sentenced to eight months in prison and fined RM5,000, with an additional four months’ jail in default of payment, after being found guilty of indecently assaulting a teenager four years ago.
Magistrate Dzul Elmy Yunus handed down the sentence to Phillip Among, 56, after ruling that the prosecution had successfully proven its case beyond reasonable doubt.
In delivering his decision, the magistrate said the defence put forward by the accused amounted to a bare denial raised at a late stage and failed to cast doubt on the prosecution’s case. He added that the victim’s testimony remained consistent throughout cross-examination sessions.
The court acknowledged the presence of minor inconsistencies in the evidence but ruled that these did not undermine the central fact that the victim had been molested, noting that such discrepancies were insignificant and had no material impact on the prosecution’s case.
Phillip was convicted for committing the offence against the then 18-year-old victim at around 11pm on April 17, 2021, at the living room of Jesselton Capsule Inn. He was charged under Section 354 of the Penal Code, which carries a maximum sentence of up to 10 years’ imprisonment, a fine, whipping, or any two of the punishments upon conviction.
At the time, Phillip had been suspended from his role as Putatan parliamentary coordinator for Parti Solidariti Tanah Airku (STAR).
The court, however, allowed Phillip’s application to stay the execution of the sentence pending his appeal to the High Court. As part of the conditions, his bail was increased by an additional RM5,000, while existing conditions were maintained, including surrendering his passport to the court and reporting to the nearest police station. The court also ordered that the fine and additional bail be paid by today.
During the trial, the prosecution called 10 witnesses, while Phillip was the sole defence witness.
Defence counsel Abdul Fikry Jaafar Abdullah urged the court to refrain from imposing a custodial sentence, arguing that Phillip was a first-time offender with no prior criminal record. He also told the court that his client suffers from serious and ongoing health conditions, including hypertension and complications arising from a previous stroke.
According to Fikry, Phillip relies heavily on medication and regular medical monitoring, and imprisonment would adversely affect his health and overall wellbeing. He further submitted that the offence was out of character and did not reflect a pattern of criminal behaviour.
Fikry added that Phillip, who supports four dependants, is actively involved in welfare initiatives, particularly in assisting thalassaemia patients, and regularly participates in charitable and community work in his village to help the underprivileged.
In response, Deputy Public Prosecutor Arfa Anchal Khar, who appeared in place of DPP Kareena Kaur Gill Karamjit Singh, called for a deterrent sentence. She argued that although the victim did not suffer physical injuries, the psychological trauma endured was severe and long-lasting.
Arfa said the victim clearly exhibited emotional distress and prolonged trauma, adding that Phillip had shown no remorse by denying all wrongdoing, offering unreasonable explanations and attempting to undermine the victim’s credibility. She submitted that the prosecution had sought a three-year prison term and a fine to reflect the gravity of the offence, deliver justice to the victim and serve as a strong warning that abuse of power in sexual crimes would not be tolerated.
Phillip is also awaiting the outcome of four additional charges involving the alleged molestation of a participant in the Unduk Ngadau Negeri 2021 competition. For the first to fourth charges, he is accused of committing indecent acts against the victim on four occasions at different locations on May 19, 2021, between 2pm and 10pm.
At the time of the alleged incidents, Phillip was the technical head of the 2021 state-level Unduk Ngadau competition. In that case, eight prosecution witnesses and two defence witnesses testified before Magistrate Marilyn Kelvin.
The matter has been fixed for mention on January 5 via Zoom, ahead of the scheduled decision date. Phillip pleaded not guilty to all charges on June 10, 2021.