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Local in oral sex case enters defence today BorneoPost Online | Borneo , Malaysia, Sarawak Daily News » Court - New 2 Sarawak

Local in oral sex case enters defence today

Posted: 05 Dec 2013 04:45 PM PST

by Natasha Sim. Posted on December 6, 2013, Friday

KOTA KINABALU: A local storekeeper was yesterday ordered by the Sessions Court here to enter his defence today (Dec 6) on a charge of committing oral sex on a minor.

Judge Ismail Brahim made the order after ruling that the prosecution had established a prima facie case against Husain Yunus.

The 38-year-old man allegedly inserted his penis into the mouth of a 14-year-old girl in a car behind a workers' quarters in Likas on April 6 this year between 8pm and 12am.

He was charged under Section 377B of the Penal Code, which provides for a maximum of 20 years' imprisonment and whipping upon conviction.

The prosecution had called a total of four witnesses during the trial.

Deputy public prosecutor Nartiah F Mirchelle Sambatan yesterday stood in for Aida Jaafar Mad Ariff, while the defence was represented by counsel Intan Timor.

Meanwhile, the same court will deliver its ruling today in the case of two local men charged with armed gang robbery.

Mohd Zainie Sabli, 25, and Thomas Ganjah, 29, allegedly robbed a 21-year-old female cashier at a cyber cafe in Tamparuli of RM2,097, with one accomplice who is still at large while armed with a machete on Sept 2, 2012.

The charge under Section 395/397 of the Penal Code carries maximum 20 years jail, and liable to whipping, on conviction.

The prosecution led by deputy public prosecutor Nartiah F Mirchelle Sambatan had called a total of seven witnesses during the trial while both accused were unrepresented.

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Federal Court fixes Feb 24 next year to hear church’s leave to appeal application

Posted: 05 Dec 2013 03:20 PM PST

PUTRAJAYA: The Federal Court has fixed Feb 24 next year to hear the Catholic Church's application for leave to appeal against the Court of Appeal's ruling that its weekly publication the Herald is prohibited from using the word 'Allah' to refer to God.

Federal Court deputy registrar Nor Aziati Jaafar fixed the date after the case came up for case mangement before her in chambers yesterday.

The lawyer representing the Church, S Selvarajah, told reporters that the respondents in the case — the Home Ministry, the government, six state Islamic religious councils and the Malaysian Chinese Muslim Association (MCMA) were opposed to the Church's leave to appeal application.

He said they (the respondents) had been given two weeks to file their affidavits to oppose the leave application.

Meanwhile, lawyer Mohd Tajuddin Abd Razak, representing MCMA, said he was informed by Dewan Bahasa dan Pustaka (DBP) that they were planning to apply to intervene in the matter.

Selvarajah said the court gave DBP a week to put in their application to intervene, adding that the Church was likely to oppose their (DBP's) application.

On Oct 14, a three-man bench of the Court of Appeal led by Federal Court judge Datuk Seri Mohamed Apandi Ali unanimously allowed the government's appeal to ban Herald from using the word 'Allah'.

The court had set aside the decision of a High Court in 2009 which had allowed the publication to use the word 'Allah'.

On Feb 16, 2010, the Roman Catholic Church led by Archbishop Murphy Pakiam, filed a judicial review application naming the Home Ministry and the government as respondents, seeking, among others, a declaration that the Home Ministry's decision to prohibit the use of the word 'Allah' in the Herald publication was illegal.

The weekly, published in four languages, has been using the word 'Allah' to refer to 'God' in the Herald Malay-language section, specially to cater for the people in Sabah and Sarawak.

On Dec 31, 2009, the High Court declared the decision by the Home Ministry prohibiting the Herald from using the word 'Allah' was illegal, null and void.

The Church filed an application for leave to appeal to the Federal Court on Nov 11, by submitting 26 questions on the Federal Constitution, administrative law as well as the power of the court to allow the Home Minister to ban the use of a theological word.

The constitutional questions framed by the Church's lawyers were to debate on Islam as the religion of the federation, freedom of speech, religion and the right to religious education. — Bernama

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Labourer claims trial to trespassing charge

Posted: 05 Dec 2013 10:44 AM PST

KOTA KINABALU: A local labourer claimed trial in the Magistrate's Court here yesterday to a charge of attempting to trespass on a house of a cameraman.

Shahiful Azman @ Rock, 29, who appeared before High Court deputy registrar Amir Shah Amir Hassan, who sat as a magistrate, was charged under Section 457 of the Penal Code, read together with Section 511 of the same Code.

The offence carries a jail term of up to seven years and also liable to a fine, upon conviction.

The accused and his accomplice, who is still at large, allegedly broke into the house of the 42-year-old local man by damaging the house grille with the intention to commit theft at an unnumbered house at Kampung Lok Kawi Baru in Putatan at 2.40pm on November 23.

The court fixed December 18 this year for case management and released the accused on RM3,000 bail with two local sureties, pending disposal of the case.

In an unrelated case, an Indonesian man pleaded guilty in the same court to possessing a fake identity card.

Amir Shah put off the sentencing of Hussain Sahul, 50, after prosecuting officer Inspector Syahrin Ali informed the court that investigating officer of the case still did not receive any verification letter from the National Registration Department (NRD) and the Mykad is still at the NRD.

The accused admitted to having the fake MyKad in his possession bearing the number 630520-12-5715 at a bank here at 4.15pm on November 28.

He was charged 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 facts of the case stated that the accused was apprehended at the counter of a bank.

The court set December 20 this year to re-mention the case pending the production of the verification letter from the NRD. The accused was granted RM3,500 bail with two local sureties.

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Local jailed six years over drugs

Posted: 05 Dec 2013 10:43 AM PST

KOTA KINABALU: A local man was jailed for a total of six years by the Magistrate's Court here yesterday for two counts of drug possession.

High Court deputy registrar Amir Shah Amir Hassan imposed the sentence on Tey Teck Hock, 49, after he pleaded guilty to the two charges under Section 12 (3) of the Dangerous Drugs Act (DDA) 1952 which carries a maximum fine of RM100,000 or a jail term of up to five years, upon conviction.

On the first count, the accused was sentenced to three years in jail for possessing 0.01 gram of heroin and 0.001 gram of monoacetylmorphine in the room of a house at Kampung Bambangan, Jalan Bentayan in Inanam on July 31.

Onthe second charge of possessing 0.15 grams of heroin and 0.02 grams of monoacetylmorphine at the same time and place, he received another three years' jail.

Amir Shah, who sat as a magistrate, ordered the accused to serve his jail sentences consecutively.

In a separate case, nine local men were each fined RM2,000, in default, three months in jail by the same court for separate charges of consuming syabu.

Alexander Edward, 35, Pong Su Thsun, 52, Azreen Majnin, 21, Emran Othman, 42, Johan Madusin, 21, Abu Bakar Marakil, 32, Rahim Abdul Talib, 29, Lo Kon Kong, 40 and Abdul Najib Mohammad, 19, pleaded guilty to each of their charges under Section 15 (1) (a) of the DDA 1952 which provides for a fine of up to RM5,000 or a jail term of up to two years, upon conviction.

Prosecuting officer Inspector Syahrin Ali told the court that the nine accused persons were arrested during separate operations at Bukit Nenas here, Inanam, Likas and Penampang police station between August 26 and September 5.

The court also ordered them to be placed under police supervision for two years.

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