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Teresa Kok withdraws suits against Utusan BorneoPost Online | Borneo , Malaysia, Sarawak Daily News » Court - New 2 Sarawak

Teresa Kok withdraws suits against Utusan

Posted: 26 Nov 2013 11:58 PM PST

KUALA LUMPUR: Seputeh MP Teresa Kok has withdrawn her two suits against Utusan Melayu (M) Berhad and columnist Datuk Mohd Zaini Hassan over two articles that were published by the newspaper in 2008.

High Court judge Siti Khadijah S.Hassan Badjenid recorded the settlement after Kok's lawyer, K.Muralidharan, informed the court that his client had agreed to withdraw the suits.

However, no reason was given for the withdrawal.

The court allowed Kok to withdraw the suits against Utusan and Mohd Zaini with no order to costs and no liberty to file afresh.

On Oct 9, 2008, Kok, 49, filed a suit against Mohd Zaini, who is now Utusan Assistant Group Editor 1, and Utusan over an article, with the title Azan, Jawi, Jais, UiTM dan ba-alif-ba-ya, which was published by Utusan Malaysia on Sept 10, 2008. – Bernama

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Courier service driver jailed, fined for reckless driving that killed three

Posted: 26 Nov 2013 02:50 PM PST

SARIKEI: The driver of a courier service lorry was sentenced to three years' jail and fined RM6,000, in default six months' jail, for reckless driving which caused the deaths of three persons about three years ago.

Magistrate Atiqah Karim meted out the sentence last Monday after she found Morshidi Tera, 41, guilty of the charge framed under section 41(1)(a) of the Road Transport Act 1987.

According to the brief facts of the case, the fatal accident occurred around 5.30 am on Sept 4, 2010 when Morshidi was driving the company's vehicle from Sarikei to Kuching.

He was said to have wandered into the opposite lane and collided head-on with an oncoming Mitsubishi car, killing all three inside – a driver and two passengers.

Morshidi and a co-worker were slightly injured in the accident.

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Appeals court upholds corporal Jenain’s acquittal

Posted: 26 Nov 2013 02:50 PM PST

PUTRAJAYA: Corporal Jenain Subi remains a free man as the Court of Appeal here yesterday upheld a High Court decision to acquit and discharge him on a charge of causing the death of 15-year-old schoolboy Aminulrasyid Amzah, three years ago.

A three-member panel chaired by Justice Datuk Balia Yusof Wahi unanimously dismissed the prosecution's appeal against the High Court decision to set Jenain, 50, free.

Justice Balia held that there was no merit in the prosecution's appeal.

He said the High Court was not erroneous in its finding with regard to the issue of Corporal Jenain's intention to cause the death of the boy.

The High Court, in acquitting Jenain in 2012, had ruled that Jenain did not have the intention to cause Aminulrasyid's death but had shot at the car driven by the teenager with the intention to immobilise the vehicle.

Justice Balia said from the 30 shots fired, one bullet penetrated the car while the rest of the bullets hit the lower part of the car.

Court of Appeal judges Datuk Rohana Yusuf and Datuk Tengku Maimun Tuan Mat were the other two judges on the panel.

Justice Balia said the court disagreed with the prosecution's contention that the High Court on its own volition had made a finding that the incident was an accident or misfortune within the meaning of Section 80 of the Penal Code.

"The defence had raised the issue in the course of its submission before the Sessions Court and High Court. It cannot be said that the High Court had erred in its judgment. The section 80 issue is not Jenain's defence.

"The High Court in its judgment had said it in passing and it was not the core of its judgment to allow Jenain's appeal," Justice Balia said.

On Sept 13, 2011, the Shah Alam Sessions Court had sentenced Jenain to five years' imprisonment after finding him guilty of the offence.

Jenain was alleged to have committed the offence at Jalan Tarian 11/2, Section 11, here between 1.10am and 2am on April 26, 2010.

On Dec 5 last year, the High Court reversed the decision and set Jenain free after allowing his appeal to set aside his conviction and jail sentence. The prosecution appealed to the Court of Appeal.

Outside the court, Jenain, who was accompanied by his family, said he was thankful to his lawyers and his friends for their support.

He said he would go back to work in the police force.

Jenain was represented by counsel M. Athimulan, Salim Bashir and Halim Ashgar while deputy public prosecutors Mohd Duzuki Mokhtar and Wan Saharuddin Wan Ladin acted for the prosecution. — Bernama

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Court amends charges to include Dr M in NFCorp cheating case

Posted: 26 Nov 2013 02:50 PM PST

KUALA LUMPUR: The Sessions Court here yesterday amended five of the cheating charges against National Feedlot Corporation Sdn Bhd (NFCorp)company director Datuk Shamsubahrin Ismail, to insert the name of former prime minister Tun Dr Mahathir Mohamad.

Judge Rozilah Salleh made the amendment under Section 158 of the Criminal Procedure Code while ordering Shamsubahrin to enter his defence on five charges of cheating Datuk Seri Dr Mohamad Salleh Ismail involving RM1.755 million two years ago.

She further ordered Shamsubahrin, 47, a businessman to enter his defence on 17 other charges of money laundering involving RM1.755 million.

In her ruling, Rozilah said the prosecution had succeeded in establishing a prima facie case against the accused.

Shamsubahrin claimed trial to all five amended charges.

On the first amended charge, Shamsubahrin allegedly induced Mohamad Salleh to pay him RM2.75 million for consultancy services after misleading the victim to believe that he was acting on the request of Dr Mahathir.

He is accused of committing the offence at Restoran Sid's Pub at H2, Taman Tunku, Off Langkat Tunku here at 6 pm on Nov 20, 2011.

On the second to fifth charges, Shamsubahrin is accused of dishonestly telling Mohamad Salleh that he was asked by Dr Mahathir to assist and provide consultancy services to him.

He allegedly committed the offences at some banks in Taman Tun Dr Ismail, Kuala Lumpur City Centre and Petaling Jaya between Nov 25, 2011 and Dec 5, 2011.

The court set Dec 10 for mention and three days for trial commencing on Feb 20 next year.

Malaysian Anti Corruption Commission enforcement unit head Datuk Abdul Razak Musa prosecuted while counsel Kamarul Hisham Kamaruddin represented the accused. — Bernama

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