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Hotel worker charged with cheating man of over RM13,000 BorneoPost Online | Borneo , Malaysia, Sarawak Daily News » Court - New 2 Sarawak


Hotel worker charged with cheating man of over RM13,000

Posted: 20 Nov 2013 10:33 AM PST

Posted on November 21, 2013, Thursday

KOTA KINABALU: A hotel worker was charged in a Magistrate's Court here yesterday with cheating a man of RM13,914.97 worth of flight tickets, three years ago.

Padrick Braganza, 24, pleaded guilty before senior assistant registrar Dzul Elmy Yunus, to deceiving a 33-year-old local man by saying that he could manage the man's air tickets from Kota Kinabalu–Kuala Lumpur, Kuala Lumpur–Langkawi and Kota Kinabalu–Hong Kong which had induced the man to hand over the money to the accused.

The offence was committed at an office here on April 18, 2011.

He was charged under Section 420 of the Penal Code which provides for a maximum jail of 10 years and whipping and also liable to a fine upon conviction.

Dzul Elmy, who sat as a magistrate, fixed December 23 this year to re-mention the case and released the accused on RM2,000 bail with two local sureties.

Inspector Lim Swee Beng prosecuted.

In a separate case, the High Court here yesterday set November 22 this year to deliver its decision on an appeal by a local man against a statutory rape conviction.

Justice Ravinthran Paramaguru fixed the date to give his verdict on Mohd Shahrizal Ishak, 26, who was found guilty of raping his 14-year-old girlfriend on August 23, 2011 at an unnumbered house in a village at Pitas.

The appellant was jailed for 18 years and ordered to be whipped thrice for committing the offence under Section 376 (3) of the Penal Code.

The indictment carries a maximum 20 years' imprisonment and also liable to whipping, upon conviction.

The lower court also placed the appellant under police supervision for one year.

Deputy public prosecutor Luke Ressa Balang acted for the respondent and the appellant was defended by counsel Hj Shukor Abdul Mumin.

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Two locals plead not guilty to hurting man

Posted: 20 Nov 2013 10:33 AM PST

Posted on November 21, 2013, Thursday

KOTA KINABALU: Two local men claimed trial in a Magistrate's Court here yesterday to a a joint charge of injuring a man on his head and body.

Arbar Zakariya, 29, and Najib Zakariya, 21, pleaded not guilty before senior assistant registrar Dzul Elmy Yunus, to hurting the man by using a belt and an iron rod at KK Times Square here at noon on November 16.

They were charged under Section 324 of the Penal Code, read together with Section 34 of the same Act, which is punishable by a jail term of up to three years or with a fine or with whipping, or with any two of such punishments upon conviction.

Dzul Elmy, who sat as a magistrate, granted the two accused RM2,500 bail with two local sureties each and fixed November 28 for case management.

In an unrelated case, 39-year-old Au Sin Vui was fined RM25, in default, seven days in jail for threatening a woman.

In the same court, he admitted to making the verbal threat by saying that "Ibu kau pergi jauh, dia mahu matikah?" (Your mother should go away, does she want to die?) to the woman at a house in Menggatal on October 28.

He was convicted under Section 8 (1) (e) of the Minor Offences Ordinance which provides for a maximum fine of RM25, upon conviction.

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Filipino gets jail, cane for injuring police officer

Posted: 20 Nov 2013 10:33 AM PST

Posted on November 21, 2013, Thursday

LAHAD DATU: The Magistrate's Court here yesterday sentenced a Filipino to 30 months' imprisonment and four strokes of the cane for causing injury to a police officer.

Annan Annamay, 45, was given a jail sentence and whipping after he pleaded guilty before Sessions Court judge M. Rajalingam, who sat as a magistrate, to a charge under Section 324 of the Penal Code.

Prosecuting officer Inspector Mohamad Soffi told the court that the accused was arrested on June 29 this year at Kampung Puyut on suspicion of being involved in drug-abuse activities.

While being arrested by police officers from the Lahad Datu narcotics unit, the accused attacked a police officer using a pair of scissors and caused injury to the officer's right hand.

The court ordered the accused to serve his sentence from the date of his arrest and for him to be referred to Immigration Department after serving his sentence for deportation to his country of origin.

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Local man fined RM15,000 for insulting Perak Sultan

Posted: 20 Nov 2013 10:30 AM PST

by Suraini Andokong. Posted on November 21, 2013, Thursday

KOTA KINABALU: The Sessions Court here yesterday fined a local man RM15,000, in default, eight months in jail for insulting the Sultan of Perak Sultan Azlan Shah about five years ago.

Judge Ummu Kalthom Abdul Samad had earlier found Rutinin Suhaimin, 41, guilty of posting offending remarks on a website http://books.dreambooks.com/duliduli.html that was linked to the website of the Sultan Perak, namely www.sultanperak.gov.my.

The court handed down the sentence yesterday on Rutinin, who was defended by counsel Muammar Julkarnain.

In her reserved decision, she said that in deciding appropriate sentence, she was taking an approach to striking the balance between the accused and the public and to deter others from committing a similar offence.

Noting that where the offence was committed way back in 2009, immediately after the 12th general election and there were some disputes over seats in the Perak State Assembly.

She also took into account that initially this case had gone for trial before another Sessions Court until the prosecution stage and upon appeal the High Court ordered the accused to enter his defence.

"And in a way this is not a simplicity of guilty case and it is undisputed that this nature of offence has no place to be given a bond of good behaviour as suggested by the counsel as it would send a wrong message to would-be offenders and the public at large, then offensively uncontrolled and virulent comment can be indiscriminately posted on the internet without a serious repercussion and that is not a message this court would like to send out," she ruled.

Ummu Kalthom further said that Senior Federal Counsel Jamil Aripin had submitted that this particular offence needed to be curbed and he was suggesting that public interest would be less served by a custodial sentence since there is no more decency and morality.

However, Ummu Kalthom said that this court must also look at the whole facts of the case and this has to be balanced with the facts of the offence that was committed in 2009.

"This court is of the view that cases are not always light except superficial and there are other matters need to be considered including the word posted on the website and the accused totally behaved irresponsibly and be punished for his own wrong.

"The evidence showed that the circumstances in which it was committed and the evidence showed that the accused made unsafe reposting on the website which is linked to the website of his Royal Highness the Sultan of Perak office," she said, adding that, it had been decided by the High Court that the accused had intended to cause annoyance, it was clear that the remark was not posted on the private internet chat section for limited viewer but on the online visitor book on the homepage of his Royal Highness.

"It gave a great impact like involving online visitors and it has to be considered. The accused also failed to show a special mitigating factor which can be considered, nonetheless I gave some limited consideration to the age and the personal circumstances of the accused and also the offence was committed in 2009.

Therefore, having considered all the above mentioned factors, the judge fined the accused RM15,000, in default, eight months in jail.

Rutinin had committed the offence at Block A, Lot 4, Kedai Sedco, Kundasang in Ranau at about 6.33pm on February 13, 2009.

The accused, who works as mobile phone repairer, was convicted under Section 233 (1)(9) of the Communications and Multimedia Act 1998 (Act 588), which carries a jail sentence of up to one year or a fine not exceeding RM50,000, or both, upon conviction.

The Sessions Court here had on July 12, 2010, acquitted and discharged Rutinin without his defence being called after ruling that the prosecution had failed to establish a case against him.

However, the prosecution had appealed to the High Court against his acquittal. On November 22, 2012, the accused was ordered to enter his defence on the said charge.

The accused had called four witnesses to give their testimonies in court.

Rutinin had paid the fine.

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Five local men tentatively charged with trafficking drugs

Posted: 20 Nov 2013 10:28 AM PST

Posted on November 21, 2013, Thursday

KOTA KINABALU: Five local men were tentatively charged in the Magistrate's Court here yesterday with trafficking in 2,035.73 grams of syabu.

Vun Kon Fui, 34, Wan Kah Hee, 28, Chia Tet Vun, 41, Ooi Then Leong, 33, and Vun Su Khiong, 34, were jointly charged under Section 39B (1) (a) of the Dangerous Drugs Act 1952.

They were brought before senior assistant registrar Dzul Elmy Yunus,

The indictment carries the mandatory death sentence upon conviction.

No plea was recorded from the five accused.

All of them were alleged to have trafficked in the drug at a workshop in Jalan Kolombong in Inanam at 3pm on November 6.

Meanwhile, Vun faces another charge of trafficking 51.50 grams of syabu. Vun and Wan were also charged with trafficking in 1,875.70 grams of syabu.

Both the offences were allegedly committed at the same time and place.

Dzul Elmy, who sat as a magistrate, set January 20 next year to re-mention the case pending the analysis report of the drugs.

Vun, Chia, Ooi and Su Khiong, who were defended by counsel P.J Perira and Wan by counsel Chin Teck Ming, were ordered to be further held pending disposal of the case.

Inspector Lim Swee Beng appeared for the prosecution.

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Salesman fined rm15,000 for insulting sultan of perak

Posted: 20 Nov 2013 09:50 AM PST

Posted on November 21, 2013, Thursday

KOTA KINABALU: A 48-year-old mobile phone salesman was yesterday fined RM15,000 after he was found guilty of posting remarks insulting the Sultan of Perak four years ago.

Rutinin Suhaimin was accused of committing the offence at Block A, Lot 4, Sedco Shop, Kundasang, Ranau at 6.33pm on Feb 13,
2009.

He was charged under Section 233(1)(9) of the Communications and Multimedia Act 1998 (act 588), which carries a fine of not more than RM50,000 or a jail term of not more than one year or both upon conviction.

Rutinin allegedly posted insulting remarks on a blog http://books.dreambooks.com/duliduli.html which was linked to the Sultan of Perak website http://www.sultanperak.gov.my.

Judge Ummu Kalthom Abdul Samad found Rutinin guilty and ordered him to pay a fine of RM15,000 in default an eight months' jail term.

Senior Federal Counsel Jamil Aripin appeared for the prosecution while Rutinin was represented by counsel Muammar Julkarnain.

Rutinin paid the fine. — Bernama

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