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Court dismisses suit by Bosnian against ex-girlfriend for misusing his sperm BorneoPost Online | Borneo , Malaysia, Sarawak Daily News » Court - New 2 Sarawak

Court dismisses suit by Bosnian against ex-girlfriend for misusing his sperm

Posted: 31 Dec 2013 11:22 AM PST

KUALA LUMPUR: A local woman yesterday succeeded in her application to dismiss a suit filed by her ex-boyfriend who claimed that she had exploited him for his sperm in order to conceive a child with European genes.

This followed a decision by Civil Sessions Court Judge Timothy Finlayson Joel in allowing the application by Chung Shun Yee.

The decision was made in chambers in the presence of lawyers James Ee Kah Fuk, representing Chung, and Nasser Yusof, representing the plaintiff, Ervin Ahbabovic, a Bosnian.

Ahbabovic was ordered to pay cost of RM6,500 to the woman.

The court, however, dismissed a counter-claim filed by Chung against Ahbabovic.

In the written judgement, Joel said the claim by Ahbabovic was baseless as there was no agreement which bound Chung to agree to pay or buy his sperm when they had intercourse.

"There was no purchase of sperm or contract stated in the affidavit and the statement of claim is baseless because what happened was that they were cohabiting as a couple and enjoying consensual sexual relationship," he added.

On a claim by Ahbabovic that he was used as a tool to satisfy the defendant's sexual lust, Joel said there was no basis for the plaintiff to expose their 'private relationship'.

If such a claim was accepted by the court, he said, it would open the floodgate for such cases, which were against public policy.

Joel also ruled that that there was no marriage involved in the case and the child in the case was born out of wedlock.

On Sept 3, Ahbabovic filed a suit against Chung for RM600,000 in damages claiming that he had been used for his sperm to produce a child with European genes.

In his statement of claims, Ahbabovic, a commercial business development director in a company alleged that he had cohabitated with the local woman in 2008 following which they had a son together, who is now more than three-years-old.

He further claimed that his ex-girlfriend had chased him out of the house and prevented him from seeing his son, after which he tried to reconcile with her for the child's sake.

The defendant allegedly responded with a shocking statement saying she had only used him to satisfy her lust and obtain his sperm for a European mixed race child, he claimed.

Ahbabovic also sought to be registered as the boy's father, interest, cost and other relief deemed fit by the court.

In her counter-claim filed on Sept 30, Chung stated that Ahbabovic had threatened several times to kill her if she did not accede to his request.

She further claimed he also threatened to reveal personal photographs and videos taken secretly to her friends to destroy her career as a businesswoman.

She is seeking RM200,000 for loss of business, RM120,000 in compensation, as well as general and exemplary damages.

Meanwhile, Nasser, when met by reporters, said his client would appeal against the decision at the High Court. — Bernama

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Filipino admits to armed gang robbery

Posted: 31 Dec 2013 10:08 AM PST

KOTA KINABALU: A Filipino youth pleaded guilty to an armed-gang robbery charge at the Sessions Court here yesterday.

Judge Azreena Aziz deferred sentencing to January 15, 2014, pending receipt of Hanamir Gapur's social report.

The accused admitted to robbing Lawrence Kunjan, 51, of a bank cheque worth RM1,500, several bank cards, a Samsung S4 Active smart phone and several sets of keys.

The offence was committed with an accomplice who is still at large, on December 19, this year at the parking lot near CIMB Bank, Penampang, while armed with a steel rod.

The charge under Section 395/397 of the Penal Code provides for 20 years' jail and liable to whipping on conviction.

According to the facts of case, the victim was driving alone in the area around 2.30am in an inebriated state. He reportedly fell asleep in the car after making a transaction at the bank's automated teller machine and woke up around 4am to find the back doors of his car smashed by two persons.

The accused had threatened the victim using the steel rod and took his wallet while his accomplice grabbed a bag from the front passenger seat of the car.

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

Meanwhile, Al Juhail, 19, Jani Alamia, 44, Many Agil, 38, Imal Muhamad, 21, and Akram Abdullah, 35, all pleaded guilty to separate charges of illegal entry into the State.

The offence under Section 6 (1) (c) of the Immigration Act carries a maximum fine of RM10,000, or imprisonment of up to five years, and liable to whipping, upon conviction.

The same court sentenced Al Juhail to four months' imprisonment with no whipping, Many to four months' jail and one whipping, while Jani, Imal and Akram were each sentenced to five months jail and one whipping.

Azreena also ordered all the accused to be referred to the Immigration Department after serving their sentences.

Deputy public prosecutor Dominic Chew Ban Huat prosecuted in all the cases.

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Local jailed for damaging wife’s car

Posted: 31 Dec 2013 10:03 AM PST

by Natasha Sim. Posted on January 1, 2014, Wednesday

KOTA KINABALU: A local construction worker was sentenced to five months' imprisonment by a Magistrate's Court here yesterday for causing damage to his wife's vehicle.

Ho Sai Man, 39, pleaded guilty before deputy registrar Amir Shah Amir Hassan, presiding as a magistrate here yesterday, to damaging the Proton Saga of his 40-year-old wife on December 25 at a residential home in Penampang.

The charge under Section 427 of the Penal Code provides for a maximum two years' imprisonment or with fine, or both, upon conviction.

Meanwhile, Ho pleaded not guilty to another charge of accusing him for voluntarily causing hurt to his wife at the same place and time.

The offence framed under Section 323 of the Penal Code carries a jail term of up to one year, or a maximum fine of RM2,000, or both, upon conviction.

Amir fixed January 27, 2014 for Ho's case management.

The court also allowed bail of RM1,500 with two local sureties for Ho, upon serving his jail sentence.

Meanwhile, the same court sentenced brothers Nelson Yacubos, 23, and Junaidi Yacubos, 21, to three months' jail each for committing mischief.

The duo pleaded guilty to causing damage to the guardhouse of Sri Warisan Apartment, Inanam on December 25.

The charge under Section 426 of the Penal Code provides for a jail term of up to three months or with fine, or both, on conviction.

The duo faced another charge under Section 324 of the Penal Code for causing grievous hurt using a knife on Muhammad Dayan Mansul, 63, and Mohd Jasri Nuluddin, 63, at the same place and time.

The offence is stipulated under Section 324 of the Penal Code which provides for three years' jail, or with fine, or whipping or any two of such punishments upon conviction.

The court, however, adjourned sentencing to February 28, next year, pending the victim's medical report.

Prosecuting officer Lim Swee Beng prosecuted both the cases.

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