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Indonesian man jailed 20 years for culpable homicide BorneoPost Online | Borneo , Malaysia, Sarawak Daily News » Court - New 2 Sarawak

Indonesian man jailed 20 years for culpable homicide

Posted: 20 Dec 2013 09:42 AM PST

by Alen Kee. Posted on December 21, 2013, Saturday

TAWAU: A 27-year-old Indonesian labourer was sentenced to 20 years' jail by the Session Court here yesterday for causing death of another Indonesian.

Judge Amelati Parnell meted out the sentence on Sainuddin Nai who pleaded guilty to a charge under Section 304 (a) of the Penal Code which provides for thirty years' imprisonment or fine or both. Armelati ordered the sentence to run from yesterday.

The accused was charged of murdering Jodi Seo, 30 on December 6 at about 7.30pm by the roadside of Ladang Kertam Holding, Kalabakan.

According to the facts of the case, the police received information from a plantation supervisor that there was a group fight beside a road and that two men had been hurt and had been rushed to the hospital.

The two men in the fight were both hit and thrown stones at, but did not involve any deaths.

The police went to the scene of the incident and found a Timorese man dead due to the fight and his body was carried by family members and friends on an oil palm vehicle.

Acting on information, on December 9 at about 12.20pm, the accused was detained at Ladang Kertam Holding for his involvement in the fight. After questioning, the accused was found to have stabbed the victim with a vegetable knife, five times.

Deputy public prosecutor Kamalia Yahdi persecuted the case.

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Local denies injuring woman

Posted: 20 Dec 2013 09:39 AM PST

KOTA KINABALU: A local man pleaded guilty in the Magistrate's Court here yesterday to a charge of injuring a 26-year-old woman.

Deputy registrar of the High Court Amir Shah Amir Hassan deferred Abdul Salle Muksin's case to February 20 next year at the request of the prosecution.

Prosecuting officer Inspector Lim Swee Beng told the court that a medical report of the victim was not ready.

The accused admitted to having hurt the woman at Lorong Taman Jumbo in Petagas at 11am on December 17.

He was charged under Section 323 of the Penal Code which carries a maximum jail of one year or a fine or both, upon conviction.

Amir Shah, who sat as a magistrate, set February 20 next year to re-mention the case and released the accused on RM2,000 bail with two local sureties, pending disposal of the case.

In an unrelated case, an Indian man claimed trial in the same court here to having in his possession a fake identity card.

Hussain Sahul, 50, was accused of having the fake MyKad bearing the number 630520-12-5715 at a bank here at 4.15pm on November 28.

The offence was framed under Regulation 25 (1) (o) of the National Registration Regulations 1990 which carries a maximum jail of three years or a fine of between RM3,000 and RM20,000, upon conviction.

The court fixed January 28 this year to re-mention the case and released him on RM3,500 bail with two local sureties.

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Immigration officer faces trial for trafficking in Filipinas

Posted: 20 Dec 2013 09:37 AM PST

by Suraini Andokong. Posted on December 21, 2013, Saturday

KOTA KINABALU: An Immigration officer will stand trial on January 23–24 next year for two counts of trafficking in two Filipinas.

Deputy registrar of the High Court Hafizi Abdul Halim set the hearing date for Suparno Yahmin, 33, when the case came up for mention yesterday.

On the first and the second counts, the accused, who was represented by counsel Hairul V. Othman, was alleged to have trafficked in the women at Terminal two of the Kota Kinabalu International Airport here on November 27, 2012 between 7am and 6pm.

The charge under Section 13 (e) of the Anti-Trafficking in Persons and Anti-Smuggling of Migrant Act 2007 provides for a jail term of between three years and 20 years and liable to a fine, upon conviction.

The accused also faces two alternative charges of producing fraudulent passports under the Filipinas' names for the purpose of facilitating trafficking of immigrants at the same time and place.

The accused was granted bail of RM15,000 deposited with RM3,000 with two local sureties during his first arraignment.

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Former Akademi Fantasia star Nurul wins suit against TV3

Posted: 20 Dec 2013 09:21 AM PST

KUALA LUMPUR: The High Court here yesterday ordered TV3 and four others to pay damages, totalling RM250,000, to former Akademi Fantasia Season 2 star Nurullah Zawawi and her husband in a defamation suit over a report by 'Melodi', an entertainment programme aired by the television station, on their marriage status two years ago.

In allowing the suit filed by Nurullah and husband, Mohd Munzil Muhamad, Judge Datuk Nor Bee Ariffin also ordered the five defendants to pay costs of RM70,000 to the couple.

Besides TV3, the four defendants named in the suit were producer of the Melodi programme, Azman Abd Ghafar; journalist Michelle Wee Lili; Alt Media Sdn Bhd and Bustamam Zawawi, who is Nurul's
brother.

Nurul and her husband filed the suit on Sept 5, 2011 after the television station, in its Melodi programme on June 26, 2011, issued a statement on their marriage and a visual referring to them, which they claimed were defamatory.

The couple claimed that the visual shown during the programme gave an impression that their marriage was not valid and that they had no respect for their parents.

Besides general, aggravated and exemplary damages, the couple, represented by lawyer David Dev Peter, also sought an injunction, costs and other relief deemed fit by the court.

Nor Bee, in her decision, also said that the marriage between Nurul and Mohd Munzil was valid as it was confirmed by the Hulu Langat Syariah Court. — Bernama

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Anwar fails in second bid to disqualify Muhammad Shafee

Posted: 20 Dec 2013 09:20 AM PST

PUTRAJAYA: Datuk Seri Anwar Ibrahim has failed in his second attempt to disqualify Tan Sri Muhammad Shafee Abdullah as lead prosecutor in the prosecution's appeal against the opposition leader's acquittal for sodomy.

In dismissing Anwar's application, Court of Appeal Judge Datuk Aziah Ali, chairing a three-member panel, ruled that Anwar's application was devoid of any merits.

In a unanimous ruling, Justice Aziah also held that the statutory declaration (SD) made by ex-Kuala Lumpur CID chief Datuk Mat Zain Ibrahim, which was used by Anwar to support his application, was hearsay evidence and could not be admitted as cogent evidence.

"We (the court) agree that the statutory declaration is hearsay evidence as the maker is not available for cross-examination to ascertain the truth. There are latent defects in the SD," she said, noting that the identity card number and address of the maker had been blotted.

The other judges on the panel were Justices Datuk Rohana Yusuf and Datuk Mohd Zawawi Salleh.

Justice Aziah also said there was no conceivable reason for Mat Zain to refuse giving his name and address in the SD.

She said the SD mainly referred to Anwar's 'black eye' incident, and the panel also found that the allegations contained in the SD had no bearing on the facts of the appeal.

Justice Aziah also said the court did not find that the appointment of Muhammad Shafee as lead prosecutor would deprive Anwar of a fair trial as the appeal was based solely on appeal records prepared by the court.

She said Muhammad Shafee was not the sole public prosecutor appearing in the appeal as he was assisted by two senior deputy public prosecutors, namely Mohd Hanafiah Zakaria and Noorin Badaruddin.

"Therefore, we find no other findings to make, but to hold that the appointment of Muhammad Shafee is within the law," Justice Aziah said.

Outside the court, Anwar, who was represented by Counsel Tommy Thomas, told reporters that he had instructed the latter to file an appeal over yesterday's verdict to the Federal Court on Monday.

On Dec 6, Anwar, 66, filed a second application to disqualify Muhammad Shafee from leading the prosecution team. This time, he used information from Mat Zain's SD as grounds to file the application.

His first application was dismissed by the Court of Appeal on Sept 17 and he was also unsuccessful in his appeal at the Federal Court.

On Jan 9 last year, the High Court in Kuala Lumpur acquitted and discharged Anwar on a charge of sodomising Mohd Saiful Bukhari Azlan, 26, at a Desa Damansara condominium unit in Bukit Damansara between 3.10 pm and 4.30 pm on June 26, 2008. — Bernama

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Anwar’s defmation suit against Anifah to be heard on April 8

Posted: 20 Dec 2013 09:20 AM PST

KUALA LUMPUR: The High Court here yesterday set three days from April 8 next year to hear the RM100 million defamation suit filed by Opposition leader Datuk Seri Anwar Ibrahim against Foreign Minister Datuk Seri Anifah Aman.

It is regarding statements made by the minister at a press conference in Washington four years ago.

Judge Siti Khadijah S Hassan Badjenid set the dates in chambers after meeting lawyers Syed Ismat Syed Muhamad, representing Anifah, and Masturina Mohamad Rodzi who is acting for Anwar.

The dates of the hearing follows the ruling by the Appeals Court ordering the case to be reverted to High Court for full hearing.

The Appeals Court made the decision after allowing Anwar's appeal to reinstate the suit against Anifah in the latter's personal capacity.

On Jan 6, 2011, High Court judge Datuk John Louis O'Hara dismissed the suit after allowing an application by Anifah and the government to strike out the suit.

The statements were allegedly made by Anifah in May 2009 at a press conference at the State Department in Washington.

On May 27, 2009, Anwar had filed the suit against Anifah in his personal and official capacity and the Government of Malaysia claiming that Anifah's statements at the press conference in which then US Secrretary of State Hillary Clinton was also present defamed him.

He further claimed that Anifah's alleged defamatory statements were widely reported in the local and foreign media. — Bernama

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