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Cop pleads not guilty to graft BorneoPost Online | Borneo , Malaysia, Sarawak Daily News » Court - New 2 Sarawak


Cop pleads not guilty to graft

Posted: 06 Jan 2014 11:30 AM PST

KUCHING: A court police officer pleaded not guilty to a corruption charge in the Sessions Court here yesterday.

Judge Dayang Ellyn Narisa Ahmad fixed Feb 24 for further mention of the case.

According to the brief facts of the case, the accused Anderson Sintau was alleged to have accepted RM500 bribe stuffed in a cigarette box from a drug and traffic offender being held in the detention centre who had asked for a favour from him.

The 39-year-old committed the offence at the court's detention centre at 1.10pm on Feb 29, 2012.

The charge under Section 17 (a) of the MACC Act 2009 carries a jail term up to 20 years and a fine of not less than five times the amount of bribe received or RM10,000, whichever is higher, upon conviction.

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Robbery accused ordered to enter defence

Posted: 06 Jan 2014 10:52 AM PST

KOTA KINABALU: The Sessions Court here yesterday ordered a labourer charged with armed robbery to enter his defence on January 7, this year.

Judge Ummu Kalthom Abd Samad made the order on Mohamad Fairuz Abdul Latip, 37, after ruling that the prosecution had established a prima facie case against him.

Mohamad Fairuz was alleged to have robbed sundry store owner, Umar Said, of RM500 at Kedai Runcit Umar Enterprise, Telipok Square, Tuaran, while armed with a machete on March 2, 2013 at around 8.10pm.

The charge framed under Section 392, read with Section 397 of the Penal Code, provides for up to ten years' jail, and liable to a fine, upon conviction.

Deputy public prosecutor Ahmad Nazneen Zulkifli had called nine witnesses during the trial which commenced on December 9, 2013.

In another case, the same court fixed January 27, this year for the case management of Binnaikel Pakka, 22, after he pleaded not guilty to a robbery charge.

The labourer is charged under the same section and the same Act for robbing Jurianah Abu Samah, 24, of her Samsung mobile phone worth RM300 on December 30, 2013, behind a café in Jalan Gaya here around 6.10pm.

The court ordered Binnaikel to be further remanded in custody, pending disposal of his case.

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Court allows application for stay of proceedings by controversial bloggers

Posted: 06 Jan 2014 10:31 AM PST

PUTRAJAYA: The Court of Appeal yesterday allowed an application by controversial bloggers Alvin Tan and Vivian Lee to stay court proceedings.

A three-man bench headed by Datuk Linton Albert allowed the application pending the disposal of the bloggers' appeal against the High Court dismissal of their application to strike out one of three charges of allegedly having ridiculed Muslims and the Muslim holy month of Ramadan.

The panel, in a unanimous decision, allowed the application after hearing submissions from the couple's counsel Chong Joo Tian and deputy public prosecutor Wan Shaharuddin Wan Ladin.

Justice Linton, who sat with Justices Datuk David Wong Dak Wah and Datuk Seri Zakaria Sam, also allowed Chong's application for the Jan 8 to 10 dates of the trial at the Kuala Lumpur Sessions Court to be vacated.

Chong told reporters later that no date had been set by the Court of Appeal to hear the appeal against the High Court decision of Nov 21.

The duo are facing a charge pertaining to uploading a picture of them eating 'bak kut teh' (a pork soup dish) with the caption, 'Selamat Berbuka Puasa with bak kut teh', which was likely to stir inter-faith conflict, at a restaurant in Dang Wangi on July 11 and 12 last year.

The controversial pair are also jointly charged under the Incitement Act 1948 with publishing inciting content, namely the same picture and caption, on their Facebook link https://www.facebook.com/alvivi.swingers at 568-14-18, Kompleks Mutiara Jalan Ipoh, Batu 3 1/2, here.

The third charge, under the Film Censorship Act 2002, involves the posting of pornographic pictures on http://alviviswingers.tumblr.com/, between July 6 and 7 at the same place. — Bernama

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Parties in contempt of court case in child custody issue told to get views from legal experts

Posted: 06 Jan 2014 10:28 AM PST

IPOH: The High Court here yesterday advised parties involved in a contempt of court case over child custody to get the views of legal experts, including the association of Islamic legal practitioners and the Bar Council on the matter.

Judicial Commissioner Lee Swee Seng said lawyers for both parties should include the views in their written submissions and set Feb 7 for both parties to exchange documents.

Kindergarten teacher M Indira Ghandhi had obtained a court order to take action against her former husband, K Patmanathan, for contempt of court for failing to hand over their youngest daughter, six-year-old
Prasana Diksa (Ummu Habibah), to her.

Indira Ghandhi was granted custody of her three children Tevi Darsiny, 17, Karan Dinish, 16, and Prasana Diksa last year.

However, her estranged husband, who also goes by the name of Muhammad Ridzuan Abdullah, following his conversion to Islam, had yet to return the youngest child.

Mohd Ridzuan had in 2009 converted the children to Islam without her consent, and she had made an application for a judicial review to quash the conversion certificates.

"I want both side to wrestle the issue. This is an important case in the making … this issue is very essential and crucial, and in the field of the Federal Constitution," said Lee.

He said they (legal experts) could also give their views on whether or not the child custody order by the Syariah High Court could be imposed on a child born from a marriage which was registered under the civil law.

Also on whether the child custody order could be set aside if the non-Muslim father or mother obtained a similar order from the civil court, he added.

Lee also set Feb 14 to hear the contempt of court case and ordered Muhammad Ridzuan to be at the court on that day with the daughter.

He said the case had to be solved amicably since the court had never handled such a case involving custody of children after a religious conversion by one of the parents.

Earlier, lawyer Hatim Musa, representing Muhammad Ridzuan, in the case on the conversion to Islam of the three children, requested to be allowed to give his views on the contempt of court case.

"The matter involves religious sensitivities and both parties should also take into account the views of the three children, who certainly will not want their father to be sent to jail.

"The perspective from the children's side and that of the community should be taken into account because it also involves inter-religious issues," he added.

Following which, Lee gave almost an hour for the two parties to discuss before continuing with today's proceeding.

Indira Ghandhi is represented by lawyers Aston Paiva, M Kulasegaran and N Selvam, while lawyers Asmuni Awi and Mohd Fitri Asmuni represented Muhammad Ridzuan.

The case involving the couple had gain public attention, whereby in April 2009, the cabinet, to resolve the conversion issue, decided that a child's religion must be in accordance with the common religion at the time of marriage between the parents in the event that one of them opts to convert.

In April 2009, Muhammad Ridzuan was granted custody of the three children, but on March 11, 2010, High Court judge
Datuk Wan Afrah Wan Ibrahim ordered custody of the three children to be given to Indira Ghandhi.

Last July 25, Lee, in a landmark decision, quashed the certificates of conversion of the three children who had been converted to Islam by their father in 2009.

He ruled that the certificates were null and void because they were unconstitutional and that in accordance with the Perak State Enactment, it was a statutory requirement for a child to be present before a certificate of conversion could be issued.

He also cited provisions under the Perak Syariah law, where the children must be present to utter the affirmation of faith (Dua Kalimah Syahadah). — Bernama

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Freed ISA detainee thankful for his release

Posted: 06 Jan 2014 10:25 AM PST

TAWAU: Freed Internal Security Act (ISA) detainee Mohd Nazri Dollah has expressed his thankfulness for his release from the Kamunting Detention Centre, Taiping on Sunday.

Describing it as the grace of Allah as it enables him to return to his family to lead a normal life, Mohd Nazri said he had deepened his knowledge on Islam during his two-year detention.

"I have always been thankful to Allah for what he had given me either adversity or blessing.

"I urge all Muslims in the country to continue to embrace the Quran and hadis (Prophet Muhammad's sayings) as preached in Islam," he said when met at his home here yesterday. Mohd Nazri, who was among the six remaining ISA detainees freed yesterday, arrived at the Tawau airport accompanied by policemen at about 3pm today.

The six ISA detainees were made up of three Malaysians, two Indonesians and a Filipino. — Bernama

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Administrative assistant claims trial to corruption involving RM14,000

Posted: 06 Jan 2014 10:21 AM PST

KUCHING: An education administrative assistant claimed trial to five counts of corruption involving a sum of almost RM14,000.

Sessions Court judge Dayang Ellyn Narisa Ahmad fixed Feb 24 for further mention of the case.

The accused Husen Narawi of Serian Education Department pleaded not guilty to the charges framed under Section 18 of the Malaysian Anti-Corruption Commission Act 2009 and punishable under Section 24 of the same Act.

If found guilty, Husen could face a maximum penalty of 20 years' jail and fined not less than five times the value of the gratification, which is the subject matter of the offence, where such gratification is capable of being valued or is of a pecuniary nature, or RM10,000, whichever is higher.

It was alleged that Husen had intentionally deceived five teachers, being transferred outstation, on separate occasions by meddling with documents for their allowance claim.

The accused allegedly gave his own account for the claim instead of that of the individuals for which payment were due.

On the first account, Husen was accused of deceiving Andi Setam on May 11, 2010 of RM3,653.49 in payment of claim.

On the second count, he was accused of deceiving Nur Ellena Abdullah on Oct 29, 2010 of RM4.248.79 in payment of claim.

On the third count, Husen had intention to deceive David Mamah of RM2,436 payment of claim on Nov 27, 2010.

On the fourth count, he deceived Nyadong Wong of payment of claim amounting to RM1,200 on Dec 28, 2010.

On the fifth count, Husen on June 16, 2010 deceived Ivy Chua Siak Peng of payment of claim amounting to RM2,428.68.

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