KOTA KINABALU, Nov 16 — The defence trial of a politician, who was charged with four counts of molesting an Unduk Ngadau contestant, commenced at a Magistrate’s Court yesterday.
Phillip Among, 53, who is the first witness had given his defence on oath before magistrate Marilyn Kelvin.
In his defence, he testified that the touches made during the photoshoot were not intended to molest the contestant but were merely to assist her in posing for the photoshoot.
Phillip explained that as a director and photographer, he would typically help the subject (model) during shooting sessions in terms of positioning and posing for the suitability of the shoot’s motive.
The accused further testified that he never touched the contestant’s back as what alleged during the prosecution stage trial and claimed that she made fake accusation against him.
To a question under examination-in-chief from his counsel Abdul Fikry Jaafar Abdullah, which was assisted by counsel Azhier Farhan Arisin, Phillip testified that during the photo sessions, the contestant was very cheerful and enthusiastic about participating in a video clip promotion.
“During the photoshoot sessions, the contestant did not show any sign of discomfort.
“She also expressed her appreciation and gratitude to me for the assistance and sponsorship I provided,” he said, adding that during the photoshoot, they received a cake from a hotel and with that cake, they made surprise content for her in the form of a birthday greeting.
Phillip further testified in his defence that the first time the contestant was brought to meet him was for the process of shooting and producing the promotional video for her.
“The second time was that they requested accommodation sponsorship at a hotel to attend the Unduk Ngadau competition live streaming for a district,” he said.
Phillip testified that before the contestant came to Kota Kinabalu, she allegedly sent him a WhatsApp message informing that she had no transport to come to the City and asked him to pick her up.
“I told her that I could not pick her up and would try to arrange another way for her to get to Kota Kinabalu.
“Besides that, she also requested funds, accommodation assistance, and the purchase of her necessities,” Phillip claimed in his defence.
The trial will resume on January 13, 2025.
On September 24, a High Court here dismissed Phillip’s application to review the enter defence order made by the lower court on all the four charges.
Previously, Phillip’s defence trial was fixed on February 19, 22 and 23.
The contestant was allegedly molested by Phillip at the studio of a company at Asia City, inside a moving car on the way from dinner to an old office, at a staircase beside a photo studio here and inside an office at Metrotown on May 19, 2021.
He was charged under Section 354 of the Penal Code for using criminal force to outrage the modesty of a person.
The indictment carries a jail term of up to 10 years and a fine or with whipping or any two of the punishments, upon conviction.
The prosecution stage commenced on April 12, 2022 and closed their case on September 7, 2023.
Eight prosecution witnesses were produced to testify against Phillip.
It was learnt that Phillip was a technical head for the state-level Unduk Ngadau competition the year when the alleged victim was one of the contestants.
He had claimed trial to the said charges on June 10, 2021.
It was reported that on October 31 Phillip was ordered by another Magistrate’s Court here to enter his defence for allegedly molesting a woman in a living room of a premises at Asia City at 11pm on April 17, 2021. — The Borneo Post
