Chief Justice Dismisses Public Prosecutor's Appeal
By Rol Ezam

Bandar Seri Begawan - "I do not think there is any need for me to deal with the Public Prosecutor's application for leave to adduce additional evidence, which clearly was available to the prosecution at the time of the trial but was not tendered to the court," said Chief Justice Saied commented in throwing out a Public Prosecutors appeal.

The Chief Justice emphasised this yesterday upon dismissing an appeal the Public Prosecutor, DPP Aldila Hj Mohd Salleh, lodged against the order of a Magistrate who released Adi Modamin Hj Mokhtar on a good conduct bond.

The Magistrate exercising his discretion directed that Adi Modamin be released on probation of good conduct upon entering into a bond without sureties for one-year to keep the peace and be of good behaviour as sentence when he pleaded guilty to having voluntarily caused hurt to Abidin Hj Abdullah.

The court heard that Adi Modamin was doing some repairs on his car at home when he called Abidin Hj Abdullah whom he had seen nearby and asked him "what he did in the past to his family especially his children when he was still serving a prison sentence".

Instead of replying Abidin spat in front of the respondent, whereupon the latter lost his temper pulled Abidin by his shirt and slapped him across the face once. Abidin was said to have offered no retaliation and left the place. He then told his brother about the incident and the matter was reported at the Berakas Police Station.

Medical report showed that Abidin had perorbital haemorrhage in both eyes, a bruise across his left cheek and pain across his neck.

"The main ground of the appeal is that the sentence is manifestly inadequate. It was submitted that the magistrate had failed to attach sufficient weight to the injuries set out in the medical report, which on comparison are not consistent with the alleged conduct of respondent as stated in the statement of facts. Therefore it is argued that the magistrate had failed to appreciate the pain caused to the victim and the gravity of the offence," the Chief Justice said.

"The second plank of the submission is that in the event, the main ground of the sentence being manifestly inadequate succeeded, the Public Prosecutor would seek leave to adduce further evidence under the provisions of section 287(1) of the CPC on two matters - the complainant's evidence as to how the assault took place and the existence of the respondent's previous convictions," he added.

The respondent, who was not represented, said that during the five months since the sentence he had not committed any offence. He mentioned some family problems, particularly his wife divorcing him and keeping their son with her. He cannot see his son, and he considers it as sufficient punishment for him. He said that he would turn a new leaf and his family members would support him. Adi submitted that the bond he had entered into was adequate punishment for him.

"Binding over the respondent was not only reasonable in the circumstances but was proper to satisfy the justice of the case that was put to the magistrate. For the same reasons I do not think that public confidence in the judicial system would be damaged if the sentence remained as it was passed," Chief Justice said in dismissing the appeal. (Courtesy of Borneo Bulletin)

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