Kong
KOTA KINABALU: The Court of Appeal here struck out an appeal by the prosecution against the acquittal of a senior practising lawyer, who is well known for representing native people over land-related cases, from four charges of using forged sales and purchase agreement and memorandum of transfer for a piece of land between two men and a company.
Justice Dato’ Has Zanah Mehat, who sat together with Justices Datuk Ravinthran A/L Paramaguru and Dato’ Hj Ghazali Hj Cha, unanimously made the decision on the appeal against Datuk Kong Hong Ming, who was freed by the lower court three years ago.
On November 1, 2019, the High Court here had affirmed the acquittal of Kong on the four charges.
On June 12, 2018, the lower court freed Kong from the four charges without calling for his defence as the learned trial judge ruled that the prosecution had failed to establish a prima facie case against the lawyer.
On the first to the second counts, Kong, 69, was accused of using the forged sale and purchase agreement dated Oct 31, 2005 for the land bearing CL No. 215012847 at 11.54am on Sept 2, 2010 at the Land Registry Division office of Sabah Land and Surveys Department here and at 8.30am on Sept 11, 2013 at the Registration Division of the High Court here, respectively.
On his third and fourth counts, Kong was alleged to have used the forged undated Memorandum of Transfer for the land bearing CL No. 21502847 on Feb 9, 2012 and on March 24, 2014 both at the same places, respectively.
Kong, who represented himself, was charged under Section 471 of the Penal Code which is punishable under Section 465 of the same Code, which carries a jail term of up to two years or fine, or both, upon conviction.
This case was first brought to court on December 15, 2015.