KOTA KINABALU – Sabah politician Phillip Among, 52, has pleaded not guilty and claimed trial to five counts of sexual assault under Section 354 of the Penal Code at the Kota Kinabalu magistrates’ court here today.
He was accused of using criminal force in outraging the modesty of two women on several occasions throughout the recent Unduk Ngadau harvest festival competition.
Section 354 relates to the offence of assault or use of criminal force to a person with intent to outrage the person’s modesty. The offence is punishable upon conviction with up to 10 years’ jail or fine or whipping, or any two of such punishments.
Among was in charge of the annual cultural pageant as its technical director this year.
Magistrate Jessica Ombou Kakayun set bail at RM8,000 for each of the charges with two local sureties.
Among allegedly committed the offence on May 16 at the Jesselton Capsule Inn near Asia City.
He is also alleged to have committed a similar offence on another woman at four different times on May 19: at his office in Metro Town at 10am; in his studio at Asia City at 2pm and 3.30pm; and inside his vehicle at 9.45pm.
Among, who has served seven days detention under remand, denied all the charges after they were read to him.
Prosecutor Siti Amirah Mohd Ali had sought RM30,000 bail with two sureties but the defence counsels sought a lower bail amount at RM2,000 for each charge against their client.
Counsel Abdul Fikry Jaafar Abdullah said Among, who had been released and later rearrested, was cooperative with the authorities.
He also argued that Among had a family and suffers from high blood pressure, a gall bladder issue, and is also on stroke medication.
Second counsel Marcel Jude also argued that Among’s case had generated public interest and that his client had been painted as a “sexual predator”.
“He had also done a lot of good work. This is a man who has reached out to the public to help mobilise blood donation in Putatan and set up a blood centre,” he said.
“He has also employed many women in his business, and therefore the court needs to look at Philip Among as a man of integrity.
“We cannot follow what was said in the social media,” he stressed.
Kakayun concurred with Jude. After setting the bail amount, she ordered Among to surrender his passport and report to the nearest police station once a month.
“Additionally, the accused and his representatives are restricted to make any contact to the victims and their relatives throughout the trial.
“I hope I make myself clear on this,” she said.
She set case management between July 21 and 23. – The Vibes, June 10, 2021
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