A POLITICIAN who molested a woman four years ago was sentenced to eight months in prison and a fine of RM5,000 by the Kota Kinabalu Magistrate’s Court.
Phillip Among, 55, who was suspended from his position as the Putatan Parliamentary Coordinator of Parti Solidariti Tanah Airku (STAR) in June 2021 following the case, also faces another four months in prison if he fails to pay the fine.
Magistrate Dzul Elmy Yunus made the decision after finding that the defence had failed to prove the case beyond reasonable doubt.
In his judgment, Dzul Elmy said the court found that the accused's defence was merely a denial and did not cast doubt on the prosecution's case.
The court also stated that after several cross-examination sessions, the victim's testimony remained consistent with his allegations.
“Although there were some minor discrepancies, they do not affect the fact that the victim was molested,” he said, adding that the discrepancies were minor and did not affect the prosecution’s case.
Phillip was found guilty of committing the act against an 18-year-old girl at 11pm, April 17, 2021, in the living room of the Jesselton Capsule Inn.
He was convicted under Section 354 of the Penal Code which provides for a prison sentence of up to 10 years, or a fine, or whipping, or any two of these punishments upon conviction.
However, the court allowed Phillip’s application to stay the execution of the sentence pending an appeal against the decision in the High Court.
Pending the appeal, the court increased Phillip’s bail by another RM5,000 and maintained additional conditions including that his passport be kept by the court and the requirement to report to the nearest police station.
During the trial, 10 prosecution witnesses were called to testify, while Phillip was the only defence witness.
Lawyer Abdul Fikry Jaafar Abdullah, who represented the accused, requested that the court not impose a prison sentence on the grounds that Phillip was a first-time offender and had no prior criminal record.
Fikry said his client suffered from serious and long-term health problems, including high blood pressure and the after-effects of a stroke.
He said Phillip was heavily dependent on regular medication and medical monitoring, and a prison sentence would affect his health and well-being.
He also said the offence was out of character for the accused and did not reflect any pattern of criminal behaviour. Therefore, Phillip, who has four children to support, should not be given a prison sentence.
According to Fikry, Phillip is also actively involved in various welfare initiatives, especially helping thalassemia patients, and consistently participates in welfare and community work in his village by providing assistance to the underprivileged.
Meanwhile, Deputy Public Prosecutor (TPR) Arfa Anchal Khar, who represented TPR Kareena Kaur Gill Karamjit Singh, urged the court to impose a preventive sentence, stating that although the victim did not suffer any obvious physical injuries, the psychological trauma she suffered was serious.
“Sexual crimes in our society already bring stigma and fear to victims. However, this young victim showed extraordinary courage to come forward. This courage must be recognized by the court.
“The accused also showed no remorse. He denied all his actions, gave unreasonable explanations and tried to doubt the credibility of the victim,” he said.
Arfa also requested that the court impose a three-year prison sentence and a fine, as such a sentence would reflect the seriousness of the offence, provide justice to the victim, and serve as a clear reminder that abuse of power in sexual crimes will not be tolerated.
For the record, Phillip is still awaiting a decision on four more charges of violating the modesty of a participant in the 2021 Unduk Ngadau Negeri.
For the first to fourth charges, Phillip is charged with molesting the victim four times in several different locations on May 19, 2021 between 2pm and 10pm.
At the time of the incident, Phillip was the technical head of the 2021 state-level Unduk Ngadau competition.
For the case, eight prosecution witnesses and two defence witnesses testified throughout the trial which was heard before Magistrate Marilyn Kelvin.
The case was set for mention on January 5 via Zoom before the date for the verdict was set.
Phillip pleaded not guilty to all charges on June 10, 2021. – December 20, 2025
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