Kota Kinabalu: A 48-year-old man was jailed six months and fined RM1,000, or two months’ jail by the Magistrate’s Court here Tuesday for having obscene videos in his mobile phone.
Chin Ket Kiong pleaded guilty before Magistrate Dzul Elmy Yunus to possessing obscene videos on his mobile phone on March 5 at 8.30pm, at a unit of a house on Jalan Bundusan, Penampang.
The charge was framed under Section 292 of the Penal Code, which provides for imprisonment of up to three years, a fine, or both upon conviction.
The prosecution informed the court that police acted on information and carried out an “Ops Pedo” operation at the premises, during which Chin’s mobile phone was inspected.
A check revealed that Chin had accessed and stored pornographic images and videos involving both adults and children.
The mobile phone was subsequently seized.
Investigations indicated that Chin had kept the obscene videos as part of his personal collection.
Chin, who was not represented, requested a lenient sentence, citing that he has small children.
Deputy Public Prosecutor Kareena Kaur Gill Karamjit Singh submitted that Chin had committed a disturbing crime, as he was found in possession of pornographic material involving both adults and children.
She highlighted that possession of such material is not a victimless offence, as each video reflects the physical and psychological trauma suffered by the children involved.
“By maintaining this collection, the accused sustains the demand for such atrocities. This was not a case of a single, accidental file,” she said.
DPP Kareena further noted that the police recovered 32 videos from Chin’s phone, indicating that the material had been deliberately downloaded and stored rather than obtained accidentally.
She stressed the importance of public interest in the case, warning that a lenient sentence, such as a mere fine, would be manifestly inadequate and could signal that possession of such materials is a minor offence.
“In this digital age, the ease of access to such material is a growing threat to our social fabric. The sentence passed today must serve as a stern warning to others,” she said.
She added that the material had been reported to the National Centre for Missing and Exploited Children (NCMEC), which alerted the Royal Malaysia Police for further action.
The DPP also emphasised that Chin, as a father, worsened the gravity of the offence and should have considered the impact of his actions on his family.
Magistrate Dzul Elmy ordered Chin to serve the sentence from Tuesday.
In a separate case, Mohd Alsam Sulbin was fined RM1,200 or jailed two months for engaging in online gambling in public.
He pleaded guilty to committing the offence on Feb 22 at 1.33pm at the five-foot-way of a shop in Tanjung Aru town.
The offence, under Section 7(2) of the Common Gaming Houses Act 1953, carries a maximum fine of RM5,000, imprisonment of up to six months, or both, on conviction. Inspector Mohamad Hamidi Mohamad Hamzah prosecuted.
