Ex-Minister goes to jail

Sabah former Culture, Youth and Sports Minister Datuk Conrad Mojuntin was this morning ordered by the Court of Appeal in Kota Kinabalu to serve from today his six months jail for criminal intimidation.

Judges Tengku Datuk Baharudin Shah Tengku Mahmud, Datuk Mohd Raus Sharif and Datuk Abdul Hamid Embong dismissed Conrad's application for leave and also revoked his RM5,000 bail.

In the High Court on Jan 2, 2009, Conrad was sentenced to six months jail by Judicial Commissioner Datuk Abdul Rahman Sebli and fined RM2,000 fine in default three months jail to a charge of voluntarily causing hurt on which he was jointly charged with nephew David Mojuntin.

The jail sentence was to take effect but Conrad applied for stay of execution as he wanted to appeal against the High Court’s decision to the Court of Appeal.Abdul Rahman granted Conrad’s application and released him on RM5,000 bail in two local sureties.

Conrad, 61, was charged with criminally intimidating businessman Doughty Disimon, 31, outside the SJD Café and Sports at 3.30am on Oct 23, 2005 behind the Public Bank, Donggongon Penampang.

The offence under Section 506 of the Penal Code carries a jail term of up to two years or fine or both on conviction.The ex-minister was also jointly charged with David, 45, for voluntarily causing hurt to Chee Hee Fatt, 45, at 4am on Oct 23, 2005, also at the same place.

The offence under Section 323 of the Penal Code read with Section 34 of the same Code provides a jail term of up to one year of both.Both Mojuntins were discharged and acquitted of both the charges by the Magistrate’s Court on March 31, 2008.

The prosecution appeal to the High Court against the Magistrate’s Court decision and on Dec 17, 2008 Abdul Rahman Sebli allowed the appeal.

He held that the magistrate had seriously misdirected himself when he ruled that the prosecution had failed to prove its case beyond reasonable doubt.

The judge set aside the magistrate order of acquittal and substitute it with an order of conviction on both charges against Conrad and David. Abdul Rahman, however, deferred sentencing to Jan 2, 2009.

The Mojuntins were today represented by lawyer Zahir Hussein Ahmad Shah while Deputy Public Prosecutor Manoj Kurup was for the prosecution.

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Six months jail for Sabah ex-Minister

Sabah former Culture, Youth and Sports Minister Datuk Conrad Mojuntin was this morning sentenced to six months jail by the Kota Kinabalu High Court for criminal intimidation.

He was further ordered by Judicial Commissioner Datuk Abdul Rahman Sebli to pay RM2,000 fine in default three months jail to a charge of voluntarily causing hurt on which he was jointly charged with nephew David Mojuntin.

The jail sentence was to take effect today but Conrad applied for stay of execution as he wanted to appeal against the High Court’s decision to the Court of Appeal.

Abdul Rahman granted Conrad’s application and released him on RM5,000 bail in two local sureties.

Conrad, 61, was charged with criminally intimidating businessman Doughty Disimon, 31, outside the SJD Café and Sports at 3.30am on Oct 23, 2005 behind the Public Bank, Donggongon Penampang.

The offence under Section 506 of the Penal Code carries a jail term of up to two years or fine or both on conviction.

The ex-minister was also jointly charged with David, 45, for voluntarily causing hurt to Chee Hee Fatt, 45, at 4am on Oct 23, 2005, also at the same place.

The offence under Section 323 of the Penal Code read with Section 34 of the same Code provides a jail term of up to one year of both.

Both Mojuntins were discharged and acquitted of both the charges by the Magistrate’s Court on March 31, 2008.

The prosecution appeal to the High Court against the Magistrate’s Court decision and on Dec 17, 2008 Abdul Rahman Sebli allowed the appeal.

He held that the magistrate had seriously misdirected himself when he ruled that the prosecution had failed to prove its case beyond reasonable doubt.

The judge set aside the magistrate order of acquittal and substitute it with an order of conviction on both charges against Conrad and David. Abdul Rahman, however, deferred sentencing to Jan 2, 2009.

The Mojuntins were represented by lawyer Zahir Hussein Ahmad Shah while Senior Federal Counsel Salim Soib Hamid conducted the prosecution.

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Ex-Minister convicted

The Kota Kinabalu High Court today convicted Sabah Ex-Culture, Youth and Sports Minister Datuk Conrad Mojuntin and nephew David Mojuntin of the two criminal charges which the Magistrate's Court on March 31, this year gave them a discharged and acquittal.

Judicial Commissioner Datuk Abdul Rahman Sebli in allowing the appeal by public prosecutor against the acquittal of both the Mojuntins, held that the magistrate had seriously misdirected himself when he ruled that the prosecution had failed to prove its case beyond reasonable doubt.

“I, therefore, set aside his (magistrate) order of acquittal and substitute it with an order of conviction on both charges against the first respondent and on the joint charge against the first and second respondents, “ he said.

Abdul Rahman, however, deferred sentencing to Jan 2, 2009.

Conrad, 60, was charged with criminally intimidating businessman Doughty Disimon, 30, outside the SJD Café and Sports at 3.30am on Oct 23, 2005 behind the Public Bank, Donggongon Penampang.

The offence under Section 506 of the Penal Code carries a jail term of up to two years or fine or both on conviction.

The ex-minister was also jointly charged with David, 44, for voluntarily causing hurt to Chee Hee Fatt, 45, at 4am on Oct 23, 2005, also at the same place.

The offence under Section 323 of the Penal Code read with Section 34 of the same Code provides a jail term of up to one year of both.

The prosecution had appealed to the High Court against the Mojuntins' acquittal on March 31, 2008.

In mitigation, Zahir Hussein Ahmad Shah, submitted that the fact of the case clearly showed that the offences were not meditated and prayed that the court to only impose fine on both respondents on ground that imprisonment would not reflect the circumstances of the case.

Zahir added that both respondents had no previous conviction and prayed the court justice of mercy in passing sentence.

Earlier, in the morning session, Senior Federal Counsel Salim Soib Hamid submitted, among others, that he had received the respondents’ written submission which cited several decided case in the Court of Appeal, that did not disturb the decision of lower courts.

However, he said there were exemption when a mistake of finding of facts took place as had happened in the present case.

“This Court can alter the finding of facts decision made by the learned magistrate,” Salim said, adding that the defence submission by the respondent was very fragile.

Salim prayed for the court to dismiss the decision made by the Magistrate’s Court, saying that there was a major mistake in the magistrate’s judgement. He urged the court to substitute it with a suitable judgement.

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