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Three discharged but not acquitted of fraud charge BorneoPost Online | Borneo , Malaysia, Sarawak Daily News » Court - New 2 Sarawak

Three discharged but not acquitted of fraud charge

Posted: 19 Dec 2013 08:40 AM PST

KUCHING: Two men with the status of 'Datuk' and a 'Datin' were yesterday ordered discharged but not amounting to an acquittal from a fraud charge.

They appeared before a Sessions Court for the re-mention of the case and following the decision the accused would get the refund of their respective RM20,000 bail.

They were investigated by police for allegedly producing fake documents in order to cheat a company for a project worth RM20 million.

Their accounts were subsequently frozen and their passports confiscated by Kuala Lumpur High Court. The woman was also declared bankrupt.

It was said that from Jan 2010 to April 27, 2011, they tried to cheat a victim at an office in Jalan Tun Jugah here with help from another man.

They were charged under Section 420 of The Penal Code read together with Section 34 of the same Act.

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Jail and rotan for cheating, CBT and misappropriation of property

Posted: 19 Dec 2013 08:40 AM PST

KUCHING: A former officer of the Information Department was yesterday sentenced to a total of five years' jail and four lashes in Samarahan Magistrate's Court.

He pleaded guilty before Magistrate Shafiza Abdul Razak Tready to 14 charges of cheating, criminal breach of trust, and dishonest misappropriation of property.

The accused, Wesley Rosdin, 36, admitted to committing all the offences framed against him by a car rental company based in Kota Samarahan between July 2012 and July this year.

The accused had rented 14 cars during the last general election but only returned 10 of them. Four cars were not returned to the company and there was problem collecting the payment. Subsequently, the company suffered a loss of about RM200,000.

Wesley was also guilty of using fake documents to rent the cars.

He was convicted under Section 402 of the Penal Code for cheating, Section 406 under the same code for criminal breach of trust, and Section 403 of the same code for dishonest misappropriation of property.

Inspector Ahmad Ilias prosecuted while Wesley was not represented by any lawyer.

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Sister loses negligence suit against former IGP, 11 others

Posted: 19 Dec 2013 08:37 AM PST

KUALA LUMPUR: A sister of R. Gunasegaran, who died in police custody, yesterday lost her suit against a former inspector-general of police (IGP), the government and 10 others over alleged negligence and misconduct four years ago.

In dismissing R. Ganga Gouri's suit, High Court Judge Datin Yeoh Wee Siam ruled that the plaintiff had no locus standi to commence the action against the 12 defendants as she had not yet been legally appointed as representative or administrator of the deceased's estate.

"The court holds that since the plaintiff is not the wife, parent or child of the deceased but is his sister, the plaintiff is not allowed to file this action on behalf of herself," she said.

Yeoh also held that the defendants were not liable for the acts of negligence alleged by the plaintiff, and therefore dismissed the suit with no order as to costs.

On July 13, 2012, Ganga Gouri filed the suit and named former IGP Tan Sri Musa Hassan, the Government of Malaysia, Sentul police chief ACP Zakaria Pagan, ASP Mohamad Idris Omar and seven policemen attached to Sentul police and the custodian of the body at the Forensics Department of the Kuala Lumpur Hospital (HKL) as defendants.

In her statement of claim, Ganga Gouri alleged that the negligence of the seven policemen in carrying out their duties resulted in the death of Gunasegaran at the Sentul police station lock-up on July 16, 2009.

She held ACP Zakaria and Musa liable for not ensuring the men complied with standard operating procedures.

The factory operator further held that negligence on the part of the person responsible for his body at the Forensics Department at HKL caused it to decompose and emit a stench.

She sought general, special and aggravated damages, interest, costs and other relief deemed fit by the court.

On July 19, the High Court here ruled that the decision of the coroner in arriving at an open verdict during the inquest into Gunasegaran's death was valid.

On Nov 3, 2010, Ganga Gouri had filed for judicial review at the High Court on the Coroner's decision delivered on Oct 25, 2010.

Gunasegaran, 31, collapsed while being fingerprinted between 6.45pm and 7 pm on July 16, 2009 and died at HKL at 7.40pm the same day.

Ganga Gouri was represented by counsel M Visvanathan while Senior Federal Counsel Nur Aqilah Ishak acted for all the defendants. — Bernama

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Ex-cop’s SD based on hearsay, says Muhammad Shafee

Posted: 19 Dec 2013 08:24 AM PST

PUTRAJAYA: Tan Sri Muhammad Shafee Abdullah said Datuk Seri Anwar Ibrahim's second application to disqualify him as lead prosecutor in the prosecution's appeal against Anwar's acquittal on a sodomy charge, should be dismissed as the application relied heavily on hearsay evidence.

Putting his argument before the Court of Appeal here yesterday, Muhammad Shafee said the statutory declaration (SD) of ex-Kuala Lumpur CID chief Datuk Mat Zain Ibrahim was based on hearsay evidence and frivolous allegations.

He told the three-member panel headed by Justice Datuk Aziah Ali that the writer of the SD (Mat Zain) had not been examined or provided admissible affidavits for the court to verify the truth of the matter he had alleged.

Muhammad Shafee said checks with the Insolvency Department revealed that Mat Zain was bankrupt and had failed to settle a personal loan from a businessman soon after his retirement from the police force.

Furthermore, the senior counsel said that the application was based on the same issues of law and facts that the appeal court and federal court had decided on.

"This application amounts to nothing more than a vexatious and frivolous application…to delay and prolong the hearing of the main second sodomy appeal," Muhammad Shafee said.

The other two panel members were Justices Datuk Rohana Yusoff and Datuk Mohd Zawawi Salleh.

Meanwhile, Anwar's lead counsel Tommy Thomas argued that Muhammad Shafee had committed serious misconduct by failing to report on the allegation raised against Attorney-General Tan Sri Abdul Gani Patail by Mat Zain related to the Anwar's 'black-eye' incident.

Tommy also alleged that it was profesional misconduct of any lawyer, as stated under the the Legal Profession (Practice and Etiquette) Rules 1978, when Muhammad Shafee accepted the AG's appointment to lead the appeal.

Tommy, who took almost two hours to make his submissions, argued that the AG's Chambers had ample candidates who were experienced in handling appeal matters as a possible replacement

Justice Aziah set this morning to deliver the panel's decision. In a related development, she set Feb 12 and 13, 2014 for hearing of the main appeal of the case.

On Dec 6, Anwar, 66, filed a second application to disqualify Muhammad Shafee from leading the prosecution team.

This time, he used the information gleaned 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 3.10pm and 4.30pm on June 26, 2008. — Bernama

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