KOTA KINABALU: A bomoh (medicine man) who is currently serving 12 years’ jail term for raping a 22-year-old patient, failed in his application for a stay of execution.

The High Court yesterday dismissed the application.

Judge Wong Dak Wah, in his reserved judgement, dismissed Idris Kambali’s application after he ruled that there were no special or exceptional circumstances to allow the application.

Idris through his counsel Angela Ubu applied for the stay of execution pending appeal at the Court of Appeal against High Court judge David Wong Dak Wah’s decision in dismissing his appeal against conviction and sentence imposed by the Sessions Court.

On June 26, Wong affirmed the 12-year jail sentence imposed by Sessions Court judge Ravinthran N Paramaguru and immediately ordered Idris to serve the sentence starting that day.

At the same time Wong also dismissed the prosecution’s cross-appeal against the sentence.

On Dec 26 2008, Ravinthran sentenced Idris to 12 years’ jail after the latter was found guilty of raping the patient at a house in Kampung Tg Wakap, Kota Belud about 1.30pm on Jan 21, 2007.

The charge under Section 376 of the Penal Code provides a jail term of between five and 20 years and whipping on conviction.

Idris was spared from the whipping as he is above 50 years old.

Ravinthran, however, allowed Idris’ application for a stay of execution pending appeal at the High Court here and extended his RM10,000 bail with RM2,000 deposited under two local sureties.

Meanwhile Judicial Commissioner Datuk Abdul Rahman Sebli reserved Aug 13 to deliver his judgement on the appeal made by Kwok Leong Ping who was convicted of an offence under the Road Transport Act.

He made the decision after hearing submission from Kwok’s counsel Mau Kam Ping and the reply from deputy public prosecutor Mohamed Zairi Zainal Abidin.

On Jan 16 this year, Magistrate Intan Nurul Farena Zainal Abidin placed Kwok on a two-year good behaviour bond of RM5,000 under two local sureties after he was found guilty of reckless and dangerous driving which caused the death of Toh Ah Kock, 56.

He was accused of committing the offence about 2pm on Dec 6 2006 at Km 9.6 near the Towering roundabout near here.

The offence under Section 41(1) of the Road Transport Act 1987 (Act 333) provides a jail term of between two and 10 years and a fine of between RM5,000 and RM20,000 on conviction.