» »Unlabelled » RM400,000 CBT: Politician’s son granted a discharge BorneoPost Online | Borneo , Malaysia, Sarawak Daily News » Court - New 2 Sarawak

17:08:00

RM400,000 CBT: Politician’s son granted a discharge BorneoPost Online | Borneo , Malaysia, Sarawak Daily News » Court - New 2 Sarawak

RM400,000 CBT: Politician’s son granted a discharge

Posted: 18 Dec 2013 09:50 AM PST

by Natasha Sim. Posted on December 19, 2013, Thursday

KOTA KINABALU: The son of a politician was given a discharge not amounting to an acquittal to 66 counts for abetting in a criminal breach of trust involving some RM400,000 by the Sessions Court here yesterday.

Judge Ummu Kalthom Abd Samad freed Wong Vun Siaw, 28, from all his charges on the application of deputy public prosecutor Ahmad Nazneen.

The prosecution made the request on account that Wong will stand as the main prosecution witness during the trial which will proceed on his co-accused Ng Yung Chin, 24.

Wong, son of Sabah Progressive Party (SAPP) vice-president Wong Yit Ming, on all 66 counts, is alleged to have abetted Ng in embezzling the cash belonging to a restaurant in Jalan Likas here, between the months of December, 2011 and November, 2012.

The offence stipulated under Section 109 of the Penal Code read together with Section 408 of the same Act provides for up to 20 years' imprisonment, with whipping, and is also liable to a fine, on conviction.

Ng, an accounts clerk, is charged as the main culprit on the 66 counts for pocketing the money, at the same place and time.

The charges framed under Section 408 of the Penal Code provides for a jail term of between two and 20 years, with whipping, and liable to a fine, upon conviction.

Earlier, the prosecution informed the court of counsel Datuk Chau Chin Tang's appointment as Wong's lawyer.

Counsel Loretto Padua Jr also told the court that he would be acting for Ng, as counsel Serena Liew had discharged herself as Ng's lawyer.

The prosecution is expected to call 11 witnesses during trial which will commence today.

Print Friendly

To enable your comment to be published, please refrain from vulgar language, insidious, seditious or slanderous remarks. This includes vulgar user names.

Call for strict enforcement of Penal Code amendments

Posted: 18 Dec 2013 09:49 AM PST

KUALA LUMPUR: Senator Datuk Chin Su Phin has urged the government to ensure strict and effective enforcement in tandem with heavier penalties on several crimes under the Penal Code amendments.

It would be difficult to reduce or eradicate crimes if enforcers abuse their powers or were corrupted, he said when debating the Penal Code (Amendment) Bill 2013 at the Dewan Negara here yesterday.

He said Section 203A was to take action against persons who leaked information on police or enforcement operations against illegal immigrants, illegal gambling houses or massage parlors, and not on whistleblowers who provided information to enforcers on illegal activities.

Chin urged the government to clarify the facts to the public to prevent this from being sensationalized by irresponsible quarters.

He believed that the government was aware of the difficulty in prosecuting masterminds behind organized crimes with the amendment to Section 170.

However, he opined that the broad definition of a mastermind would cause many criminals to be released due to lack of evidence.

He agreed with the introduction of the new Section 375B on gang rape, but he pointed out that the new section did not include caning for the perpetrators. He also requested for a clearer definition of gang rape.

On a related note, Chin also agreed to the increase of penalty for raping pregnant woman from five to 10 years of jail time to five to 30 years of jail time under Section 376(2)(g). However, he hoped that the minimum jail time could be increased to 10 years.

He hoped that the government could guarantee a reduction in the crime index once these harsher penalties come into effect.

Print Friendly

To enable your comment to be published, please refrain from vulgar language, insidious, seditious or slanderous remarks. This includes vulgar user names.

Four fined over contraband fags

Posted: 18 Dec 2013 09:48 AM PST

KOTA KINABALU: The Magistrate's Court here yesterday fined four people charged on separate charges of possessing contraband cigarettes.

In the first case, deputy registrar Amir Shah Amir Hassan, who presided as Magistrate, fined Namair Khan, a Pakistani, RM880, in default one month's jail for possessing ten boxes of Era Menthol 20s and another ten boxes of Era Premium 20s.

He committed the offence on September 19, this year at Kedai Runcit Ikran Ullah Enterprise, Lintas Plaza.

The charge under Section 135 (1) (d) of the Customs Act carries a minimum penalty of ten times the amount of the customs duty or RM50,000, depending on which is the lesser amount, or up to three years jail, or both, upon conviction.

In the second to fourth cases, the same court fined Irfan Ullah Sahib Ul-Haq, RM1,768, in default two months jail, Asmah Silin, RM2,500, in default two months jail and Abd Ghani Gul Mohd, RM3,000, in default three months' jail under the same section and same Act.

The trio had committed their offences on January 13, 2012, August 24, 2012 and September 5, this year at sundry stores in Sembulan, Menggatal and Penampang, respectively.

Meanwhile, the court fixed February 27 – 28, 2014 for Fazir Karim Awan Dal who claimed trial to a charge for possessing contraband cigarettes under the same section and same Act.

He allegedly committed the offence on June 17, 2011 at a sundry store in Menggatal.

The court released Fazir on a bail of RM3,000 with two local sureties.

Print Friendly

To enable your comment to be published, please refrain from vulgar language, insidious, seditious or slanderous remarks. This includes vulgar user names.

Local jailed, whipped over weapon and fake document

Posted: 18 Dec 2013 09:46 AM PST

KOTA KINABALU: A 48-year-old local man was jailed a total of 12 months' and ordered to be whipped once by the Magistrate's Court here for two counts of carrying a dangerous weapon in a public place and possessing a fake temporary identification document.

Deputy registrar of the High Court, Amir Shah Amir Hassan, imposed the sentence after Muh Noor Ghani pleaded guilty to both charges yesterday.

On the first count, he was sentenced to six months' imprisonment and one stroke of the cane for carrying a knife at Kampung Serigai in Putatan on December 11.

He was convicted under Section 6 (1) of the Corrosive, Explosive and Dangerous Weapons Act 1953 which carries a maximum jail term of two years and whipping, upon conviction.

On the second charge, the unrepresented accused received another six months' jail for possessing fake identification document at the same time and place.

The offence was framed under Regulation 25 (1) (e) of the National Registration Regulations 1990 which provides for a jail term of up to three years or a fine of not less than RM3,000 and not more than RM20,000, upon conviction.

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

The court also ordered the accused to be referred to the Immigration Department after serving his sentence for further action and that all the exhibits are to be disposed off by the police.

Prosecuting officer, Inspector Lim Swee Beng, told the court that the accused was caught by police after he was found at the said place behaving suspiciously. After that, when the police conducted a check on him, they found the knife in his sling bag as well as the fake identification document. Further investigation revealed that the National Registration Department had never issued the document.

Print Friendly

To enable your comment to be published, please refrain from vulgar language, insidious, seditious or slanderous remarks. This includes vulgar user names.

Hotel receptionist denies misappropriating

Posted: 18 Dec 2013 09:44 AM PST

KOTA KINABALU: A hotel receptionist claimed trial at the Magistrate's Court here yesterday to a charge of misappropriating RM1,210 cash belonging to a company.

Zulazmie Rama, 23, who was brought before deputy registrar of the High Court Amir Shah Amir Hassan, was charged under Section 403 of the Penal Code which provides for a jail term of between six months and five years and whipping and a fine, upon conviction.

The accused was alleged to have misused the cash for his own interest at a hotel in Kampung Air between 4pm and 6pm on December 8.

Amir Shah, who presided as a magistrate, reserved January 22 next year to re-mention the case and released the accused on bail of RM3,000 deposited with RM1,000 with two local sureties.

In an unrelated case, a husband and wife was fined RM2,500 each, in default, three months' jail for a joint charge of possessing 0.92 grams of syabu.

Basir Utuh, 48 and Barsimah Hj Maruji, 42, pleaded guilty to having the drug at an unnumbered house at Jalan Bukit Nenas here, on September 5.

The two accused persons were convicted under Section 12 (3) of the Dangerous Drugs Act 1952 which is punishable by a maximum fine of RM100,000 or a jail term of up to five years' jail or both, upon conviction.

Prosecuting officer Inspector Lim Swee Beng prosecuted.

Print Friendly

To enable your comment to be published, please refrain from vulgar language, insidious, seditious or slanderous remarks. This includes vulgar user names.

Businessman, wife win appeal in maid abuse conviction

Posted: 18 Dec 2013 08:44 AM PST

JOHOR BAHARU: The High Court here yesterday allowed the appeal by a businessman and his wife against conviction for causing grievous hurt to their Indonesian maid and granted them an acquittal and discharge.

Judicial Commissioner Samsudin Hassan also allowed their appeal against conviction for human trafficking involving the same victim.

The judge held that the Sessions Court had erred in its judgement last June 19 on Mohd Shukur Suradi, 29, and Daeng Norulasyikin Bachok, 28, a teacher.

"Three elements that must be proven are whether the two appellants had voluntarily caused grievous hurt to the victim, whether the injuries were inflicted with a weapon or instrument that could result in death, and whether the act was jointly committed by the appellants," he stressed.

In his decision, Samsudin said the testimonies of some of the witnesses were muddled.

The prosecution had lumped old and new injuries in the incident period, giving rise to prejudice in the charge, he said.

"The court finds that the two doctors in the case could not specifically state that the appellants were the ones who had caused grievous hurt to the victim, whose medical history could not support her claims," he said.

He further pointed to the investigating officer's testimony "which was only based on the investigation and did not have any direct evidence to link the appellants with the injuries suffered by the victim".

On the human trafficking charge, Samsudin said he found no evidence to show that the appellants, who had their own agents through which to obtain a maid, had taken the 22-year-old victim and kept her as a slave.

The couple were sentenced to 15 years' imprisonment while Mohd Shukur was also ordered to be given 10 strokes of the cane for the first charge; they were sentenced to 10 years' jail for the human trafficking charge.

Deputy public prosecutor Rahimah Abdul Majid appeared for the prosecution while counsel Muhammad Ashraf Mohd Diah represented the appellants. — Bernama

Print Friendly

To enable your comment to be published, please refrain from vulgar language, insidious, seditious or slanderous remarks. This includes vulgar user names.