KHOR Khan Khai, the ex-special aide of the Penang assembly speaker, has to serve a 30-month prison sentence for outraging the modesty of a woman almost four years ago.

This comes after he failed to obtain leave to file an appeal against his conviction and jail sentence from the Court of Appeal.

Khor, 43, must first obtain leave before he can be allowed to pursue his appeal in the appellate court under section 50(2) of the Courts of Judicature Act 1964, as his case originated from the Magistrates’ Court.

Court of Appeal three-member bench comprising Justices Has Zanah Mehat, Nordin Hassan and Hashim Hamzah dismissed his leave application today.

Khor was found guilty on a charge of outraging the modesty of a woman, then 31 years old, and sentenced to 30 months’ prison by the Bukit Mertajam Magistrates’ Court on November 23, 2020.

He committed the crime at Level 3 of an office building in Jalan Sungai Rambai, Seberang Prai, Penang, at 11.15 pm on August 24, 2018.

He appealed against his conviction and jail sentence to the High Court, but lost his appeal, which was dismissed by the High Court on December 21.

He then filed an application seeking leave to pursue his appeal to the Court of Appeal.

Khor, in his leave application, also sought a stay of execution of his jail sentence pending disposal of his appeal in the appellate court.

Lawyer M. Athimulan, who represented Khor, urged the court to grant leave, saying that there are legal questions that ought to be decided by the Court of Appeal.

However, deputy public prosecutor Mohd Fairuz Johari said the questions raised by the defence are not legal ones, adding that leave should not be granted.

Section 50(2) of the Act states that an appeal against any decision of the High Court in respect of any criminal matter that was decided by a Magistrates’ Court would be confined to only questions of law. – Bernama, February 17, 2022.