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Court dismisses case against villagers BorneoPost Online | Borneo , Malaysia, Sarawak Daily News » Court - New 2 Sarawak

Court dismisses case against villagers

Posted: 02 Dec 2013 01:01 PM PST

by Anasathia Jenis, reporters@theborneopost.com. Posted on December 3, 2013, Tuesday

KUCHING: A High Court here yesterday ruled that villagers of Kampung Bogag and members of the Dayak Bidayuh National Association (DBNA) were not negligent when they held a peaceful demonstration to stop a sand extraction operation several years ago.

In dismissing a negligence claim with cost by Million Everrich Sdn Bhd, the court reasoned that villagers and the members of DBNA were only exercising their democratic right of expression when they protested against the proposed extraction of sand on behalf of the villagers.

The company named Kampung Bogag village chief Bogeg Nyaon and DBNA president Datu Ik Pahon Joyik as the defendants.

The villagers were represented by lawyer Ani Solep.

Million Everrich was issued a permit to extract sand from the whole stretch of Sungai Nolan in Bau. They claimed RM441,795 in damages from the defendants on top of general and exemplary damages and other relief which the court deemed fit.

In the statement of claim, the plaintiff company said the villagers were negligent and careless because they had instigated the authorities to revoke or withdraw its licence for sand extraction in the river in the area.

Due to the instigation, the plaintiff was ordered to cease operation and they were not afforded any opportunity to recoup the expenditure which they had incurred in the process of setting up the equipment and machines for the operation.

The claim also said that the defendants caused the stoppage of sand operation from the river out of jealousy, envy, prejudice and discrimination and there was contempt against the plaintiff company.

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13-month jail for causing hurt to policeman

Posted: 02 Dec 2013 01:00 PM PST

TAWAU: A 21-year-old Indonesian man was sentenced to a total of 13 months' jail by the magistrate's court here yesterday for causing hurt and obstructing a policeman from carrying out his duty.

Magistrate Ferhanshah Farene meted out the sentence on Asmil Asuan who pleaded guilty to a charge under Section 323 of the Penal Code and Section 353 of the same Code.

For the first charge, the accused intentionally caused injuries to Corporal Zulkarnain Ibrahim, 32, on the right hand and right knee at Mile 2 Apas at 8pm on Sept 9.

For the second charge, the accused used criminal force on Corporal Zulkarnain while he was carrying out his duties as a public servant which is lawful under the law. Ferhanshah ordered the sentences to run concurrently and ordered the accused, who did not possess any identification document, to be deported after serving his sentences.

According to the facts of the case, a police patrol car saw three men carrying a safe inside an oil palm plantation near Jalan Utama.

The three men were stopped and checked and a struggle ensued where the accused bit the policeman's hand and two of his friends kicked the policemen. The accused was detained while his two friends managed to flee. Inspector Mohd Hafiz Abdul Rahman prosecuted.

Meanwhile, in the same court, a 28-year-old woman was sentenced to six months' jail for criminal breach of trust.

Ferhanshah sentenced Chin Fook Li who pleaded guilty to a charge under Section 407 of the Penal Code.

The accused on Nov 23, 2011 was lent a Sony Ericson model X10 cellular phone to use and learn its features so it would be easier for her to serve the customers of her employer at CCM Communication. Instead on Nov 23, at about 3pm she pawned the phone for RM250.

She was detained on the same day at about 8.20pm.

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Woman jailed for cheating house buyers

Posted: 02 Dec 2013 10:51 AM PST

by Suraini Andokong. Posted on December 3, 2013, Tuesday

KOTA KINABALU: An unemployed local woman, who pleaded guilty to six counts of cheating, was jailed a total of six years by the Magistrate's Court here yesterday.

The deputy registrar of the High Court, Amir Shah Amir Hassan, imposed the sentence on Kee Noorayudah Mohd Ayub, 26, after she admitted to each of the charges under Section 420 of the Penal Code.

The indictment carries a maximum jail of 10 years and whipping and also liable to a fine upon conviction.

On the first to the sixth counts, the accused was sentenced to one year's jail each for cheating six persons of RM3,000, RM8,000, RM8,000, RM4,300, RM2,000 and RM2,000, respectively, by saying that she was selling houses under the Housing and Town Development Board (LPPB) at the city area and induced all the victims to hand over the cash as deposit payment.

The offences were committed at a shop along Jalan Gaya, in front of a restaurant at Api-Api Center, at a restaurant at 1Borneo hypermall, at a hotel in Inanam and at Kampung Rampayan in Menggatal, respectively, between February 25 and September 19.

The court ordered the accused, who hails from Tawau, to serve her jail sentences consecutively.

The facts of the case stated that the accused had asked for cash from one of the victims and the victim had signed the house purchase agreement.

The accused told the victim that the remaining balance can be paid during the house key collection but on the day that the accused had promised to deliver the house key, she did not turn up and could not be contacted.

The accused is now serving sentences for committing a similar offence.

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