Kota Kinabalu: A 55-year-old politician who was suspended from his position as Parti Solidariti Tanah Airku (Star)’s Putatan Parliamentary Coordinator, was jailed eight months and fined RM5,000 in default four months’ jail for molesting a teenager, four years ago.
Magistrate Dzul Elmy Yunus meted out the sentence to Phillip Among (pic), after ruling that the prosecution had proven its case beyond reasonable doubt against him on Friday.
Phillip was found guilty of committing the offence against the 18-year-old girl at 11pm on April 17, 2021 in the living room of Jesselton Capsule Inn in Asia City.
He was convicted under Section 354 of the Penal Code which provides for a jail term of up to 10 years, or with a fine, or with whipping, or with any two of such punishments, on conviction.
However, the court granted Phillip’s application to stay execution of the sentence pending appeal against the decision to the High Court.
Pending the appeal, the court had increased Phillip’s bail to another RM5,000 and the additional conditions such as his passport to be kept by the court and to report to the nearest police station, had been maintained.
The court ordered for the fine and additional bail to be paid by Friday.
Ten witnesses were called to testify at the prosecution stage and only one defence had been called.
In meting out the sentence, the court said that after numerous sessions of cross-examination, the evidence of the defence victim stood firm with her claim.
“Even if some discrepancies happen, it does not affect the fact the victim was molested,” he said adding that the court believed it was only minor discrepancies and not fatal to the prosecution stage.
Meanwhile, counsel Abdul Fikry Jaafar Abdullah who defended Phillip, asked for no custodial sentence on the grounds that Philip is a first offender and has no prior criminal record.
Fikry informed the court that his client is suffering from serious and ongoing medical conditions, including hypertension and residual effects from the stroke of which he is to survive.
He further said Philip is highly dependent on regular medication and medical supervision and any custodial sentence would significantly compromise his health and well-being.
Fikry told the court that the offence is purely out of character and does not reflect any pattern of criminal behaviour. Therefore, Phillip should not be given any custodial sentence.
He further said Phillip has four children to look after and all of whom remain dependent on him for their care, guidance and financial support.
According to Fikry, Phillip was actively involved in numerous charitable initiatives, particularly in assisting patients suffering from thalassemia and consistently participated in charitable and community work within the village, providing assistance and support to the underprivileged villages.
Deputy Public Prosecutor Arfa Anchal Khar who stood in for DPP Kareena Kaur Gill Karamjit Singh urged the court to impose a deterrent saying that although the victim had no visible injuries but the psychological trauma was severe.
Arfa submitted that the victim was visibly distressed and this demonstrated long-lasting emotional scars.
“Sexual crimes in our society already carry stigma and fear of this victim. Yet, this young victim showed immense courage in speaking out. That courage must be recognised by his client as part of the trauma she endured, treated as an enduring factor.
“The accused has also shown no remorse. He denied all wrongdoing, offered implausible explanations, and sought to discredit the victim,” said Arfa.
Arfa further said the prosecution therefore prayed for a sentence of three years imprisonment and fine as such a sentence will reflect the gravity of the offence, legal justice to the victim, but also a clear warning that abuse of authority in sexual crimes is not tolerated.
On record, Phillip is also awaiting decision for his four counts of molesting a 2021 State Unduk Ngadau contestant.
The date for the decision for these cases had set Jan 5, 2026.
On the first to fourth count, Phillip is accused of molesting the Unduk Ngadau contestant on May 19, 2021 at 2pm, 3.30pm, 9.45pm and 10pm, respectively.
All the alleged incidents took place at a staircase next to Ever Best Photo in Asia City, in Studio Darvel Bay Borneo Holidays Sdn Bhd in Asia City, in a moving vehicle while on the way from a dinner place to an old office in the city and in an office in Metro Town, here, respectively.
Phillip was a technical head for 2021 Unduk Ngadau competition.
For this case, eight prosecution and two defence witnesses had testified during the trial before Magistrate Marilyn Kelvin.
