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Prosecution’s appeal dismissed in forgery case BorneoPost Online | Borneo , Malaysia, Sarawak Daily News » Court - New 2 Sarawak

Prosecution’s appeal dismissed in forgery case

Posted: 13 Jan 2014 09:14 AM PST

KOTA KINABALU: The High Court here yesterday dismissed an appeal by the prosecution against the sentence of a local man, who was convicted of committing forgery for the purpose of cheating.

Justice Chew Soo Ho made the decision on Marcellus Mobilik, 46, who was jailed for one week and fined RM8,000, in default, two months' jail by the lower court on March 27, 2013.

The subordinate court had also ordered the respondent to pay a RM10,000 compensation to the victim.

Marcellus who was represented by counsel Erveana Ansari, was found guilty of forging the signatures of his 55-year-old brother, John, and one Ramdi Indang on a Memorandum of Transfer of a land document at the Penampang Land and Survey office on June 26, 2005.

He was convicted under Section 468 of the Penal Code which carries a jail term of up to seven years and is also liable to a fine, upon conviction.

In his decision, the judge held that the learned magistrate had not erred in law in passing a lenient sentence on the respondent taking into consideration the facts of the case.

"By virtue of the exhibit P30, which is the land grant, proper investigation had been carried out. In the circumstances, I do not find the sentence was inadequate," Chew ruled in dismissing the appeal by the prosecution to have the sentence enhanced.

"Since the respondent had served his jail term and paid the fine as well as the compensation, then the respondent is free to go now," the judge added.

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Local fined for punching man

Posted: 13 Jan 2014 09:10 AM PST

KOTA KINABALU: The Magistrate's Court here yesterday fined a local man RM800, in default, 14 days in jail for punching a man.

Magistrate Herlina Muse imposed the fine on Deuteronomy James, a printing operator, after he pleaded guilty to the charge.

The accused admitted to punching Kandai Pangawai, 49, in the mouth on May 3, 2013, at a Barisan Nasional quarters in Kampung Koidupan, Penampang.

The charge under Section 323 of the Penal Code provides for a maximum jail term of one year or liable to a fine or both, upon conviction.

According to the facts of case, Deuteronomy punched the victim because he had insulted the accused's father during an election-related meeting.

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Local denies impersonating public servant

Posted: 13 Jan 2014 09:08 AM PST

KOTA KINABALU: An unemployed local man pleaded not guilty at the Magistrate's Court here yesterday to a charge of impersonating a public servant.

Magistrate Herlina Muse fixed trial on February 13–14, this year for Yuronsim Adam, 29, and January 29, this year for case management.

The accused was charged with impersonating as a Commissioner of Oath with the purpose of witnessing a declaration letter of one Humor Lubaton, 60, on October 8, 2013 at a premises along Jalan Perpaduan.

The charge framed under Section 170 of the Penal Code carries a maximum jail term of two years, or with a fine, or both, on conviction.

The court released the accused on RM2,000 bail, with two local sureties and ordered him to report to the investigating officer every two weeks.

In a separate case, the same court sentenced Roslan Gunonop to two months in jail for stealing.

Roslan admitted to stealing a bottle of shampoo from a supermarket along Jalan Pantai here on January 7, this year.

The offence under Section 380 of the Penal Code provides up to ten years' imprisonment and a fine, upon conviction.

In mitigating for a lenient sentence, the accused said he had a pregnant wife and was drunk when he committed the offence.

Prosecuting officer Inspector Azaman Hamat prosecuted in both the cases.

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Tiang to stand trial in High Court in July

Posted: 13 Jan 2014 08:33 AM PST

SIBU: Tiang Lee Yee, charged with the Pulau Li Hua murder of his wife and two children on July 5 last year, will stand trial in the High Court here in July.

He was brought before a magistrate yesterday where the latter transferred his case to the High Court. The date for the trial has yet to be confirmed.

Tiang is charged with killing his wife Ling Yung Ming, son Victor and daughter Christine, and attempted murder of his elder son Vincent, in a sensational case that shook Sibu town.

The three murder charges are filed under Section 302 of the Penal Code, which carries the mandatory death sentence upon conviction.

The attempted murder charge is filed under Section 307 of the Penal Code, which provides for imprisonment up to 10 years, in this case 20 years, for causing hurt to Vincent while trying to kill him.

Tiang is also charged with attempted suicide under Section 309 of the Penal Code, which provides for jail up to a year or with a fine, or both.

Tiang was not represented in court yesterday.

According to earlier press reports, Tiang allegedly committed the offences in his house at Pulau Li Hua.

His eldest son, Vincent, escaped and sought help at a neighbour's house.

Reports said Tiang then fled in a family vehicle to Bintulu where he was arrested in the evening of the same day during which police found a bottle of weed-killer and a water hose in his vehicle.

The oil palm site-clearing contractor was said to have taken the family out for a lavish dinner the night before the alleged murder.

After dinner, he was said to have huddled his family to a room and fed them sleeping pills before suffocating them with gas in a mass suicide.

Tiang was later disclosed to be in debt of RM3.5 million.

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Two foreigners charged with Methamphetamine trafficking

Posted: 13 Jan 2014 08:14 AM PST

SIBU: Two foreigners were produced at a magistrates' court here where they were separately charged with trafficking in dangerous drug.

Cambodian man Khmo Unh Russe Ykeo, 56, from Phnom Penh and Vietnamese woman Nguyen Thi Kim Tuyen, in her 30s, were charged under Section 39B(2) of the Dangerous Drugs Act 1952 which provides for a mandatory death sentence upon conviction.

Both understood the nature of the charge referred to them by DPP Azrul Faidz. No plea was recorded. The case was adjourned to Feb 24 pending a chemist's report.

Khmo is charged with trafficking in 3.126kg of Methamphetamine while Nguyen, 4,282.68g at 11.40am and 11.38am respectively on Nov 27 at Sibu Airport.

Both were unrepresented. They are under remand.

Earlier press reports said the two were arrested at Sibu Airport on Nov 27 for having in their possession 7.4kg of Methamphetamine worth about RM1.48 million. They were said to be on the same flight from KLIA.

Police seized from the man drugs believed to be Methamphetamine with a street value of RM625,000 and from the woman drugs also believed to be Methamphetamine with a street value of RM850,000.

The drug was said to be concealed in their luggage, handbags, slippers and ribbons.

Both were believed to have flown in from Chennai and New Delhi en route to Kuala Lumpur.

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RM1,500 fine for having offensive weapons

Posted: 13 Jan 2014 08:14 AM PST

KUCHING: A 27-year-old man was fined RM1,500 in default one month's jail for possessing offensive weapons after he pleaded guilty yesterday.

It was said that he was found keeping samurai and parang on Nov 5 last year at about 9.50am at his house in Jalan Stapok Utama, Batu Kawah.

He was convicted under Section 7(1) of the Corrosive and Explosive Substances and Offensive Weapons Act 1958 which carries a minimum imprisonment of two years or maximum fine of RM2,000 or both.

In an unrelated case, another man who faced two charges was fined RM200 in default 20 days' jail and RM400 in default 30 days' imprisonment after he pleaded guilty to injuring others and creating losses to others.

It was said that on Jan 3 at about 9pm, the accused had caused injuries to a man, an offence punishable under Section 323 of the Penal Code.

On the same day and place, he was found breaking the victim's motorcycle lamp and caused him losses of about RM200, an offence under Section 427 of the Penal Code.

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