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

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

A three-member bench of the Court of Appeal comprising Has Zanah Mehat, Nordin Hassan and Hashim Hamzah dismissed Khor’s leave application today.

On Nov 23, 2020, the Bukit Mertajam magistrates’ court found Khor guilty on a charge of outraging the modesty of the woman, then 31 years old, and sentenced him to 30 months jail.

Khor committed the offence at an office in Jalan Sungai Rambai, in Central Seberang Prai district, Penang, at 11.15pm on Aug 24, 2018.

He appealed against his conviction and jail term but his appeal was dismissed by the High Court in Butterworth on Dec 21 last year.

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

In his application, Khor also sought a stay of execution of his jail sentence pending disposal of his appeal in the Court of Appeal.

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

Deputy public prosecutor Fairuz Johari said the defence had not raised any legal questions, adding that leave should not be granted.

Section 50 (2) of the Courts of Judicature Act 1964 states that an appeal against any decision of the High Court in any criminal matter that was decided by a magistrates’ court would be confined to only questions of law.