PUTRAJAYA: The Court of Appeal will hear on March 23 a preliminary objection against an appeal by a former Sabah anti-vice police chief who was sentenced to 100 years jail and 15 strokes of the rotan for raping and sodomising a 13-year-old girl.
A three-man bench led by justice Datuk Mohd Zawawi Salleh fixed the date after being informed that Datuk Geethan Ram Vincent, the lead counsel for the appellant, could not be present for the proceeding today.
Counsel Jaswin Rajendiran, who was present on Geethan's behalf, told the court that the latter had a leg injury and was on medical leave.
The appellant, Deputy Superintendent Rohaizat Abd Ani, 58, was on Dec 23, 2015, found guilty of four counts of raping and one of sodomising the minor between February 1, 2012 and May 6, 2012.
The father of two is appealing against his conviction and sentence of 100 years jail and 15 strokes of the rotan imposed by the Kota Kinabalu Sessions Court in Sabah.
Earlier, deputy public prosecutor Hamdan Hamzah raised a preliminary objection, saying that a petition of appeal was not even filed by the appellant.
"If the petition was not filed, there is no appeal," Hamdan said.
Zawawi said the appeal could be struck out but the court is giving the counsel a chance to submit on the grounds of the appeal.
The court had also asked for the counsel's MC to be handed to the court tomorrow.
The other judges who presided were Datuk Ahmadi Asnawi and Datuk Kamardin Hashim.