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Sexagenarian woman charged with hurting daughter BorneoPost Online | Borneo , Malaysia, Sarawak Daily News » Court - New 2 Sarawak

Sexagenarian woman charged with hurting daughter

Posted: 29 Jan 2014 06:18 PM PST

KOTA KINABALU: A 68-year-old woman was charged at the Magistrate's Court here yesterday with causing hurt to her daughter.

Magistrate Herlina Muse fixed March 5, this year for Margareth Tan's trial and February 13, this year for her case management.

The accused was alleged to have hurt her daughter, Sylvethy Minsin, 45, in front of the stairs outside the Magistrate's Court of the Kota Kinabalu Courthouse, on October 28, 2013.

The charge framed under Section 323 of the Penal Code provides for one year's jail or a fine, or both, upon conviction. The court released Margareth on RM1,000 bail in one local surety,

Inspector Azaman Hamat prosecuted in the case.

In another case, the same court sentenced Muhd Juhari Abdullah, 33, to two months' jail for stealing a pair of jeans worth RM69.90.

He committed the offence on January 23, at a boutique shop in Centre Point shopping mall here around 7.20pm.

The offence under Section 380 of the Penal Code is punishable with imprisonment of up to 10 years and shall also be liable to a fine on conviction.

Inspector Syahrin Ali acted for the prosecution.

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Ruling on Pakistani trader case postponed to Feb 12

Posted: 29 Jan 2014 06:18 PM PST

KOTA KINABALU: The Sessions Court has postponed its ruling in the case of a Pakistani trader, charged with causing the death of a 16-year-old girl from a moving lorry, to February 12 this year at the end of prosecution's case, yesterday.

Judge Ishak Bakri fixed the date after making a decision that he would rule for Amir Ali Khan Nawatay's case following the agreement of both the prosecution and defence.

Amir, 40, is accused of causing the death of Norikah Saliwa, 16, from a moving lorry at Jalan Km 2.8 Langkon, Kota Marudu between 11am and 12.30pm on November 25, 2012.

He faces up to maximum of 10 years' imprisonment, or with a fine, or both, if found guilty under Section 304 (b) of the Penal Code.

Earlier, the court said that it needed two weeks to decide on this serious matter and to go over the trial's notes of proceedings.

On January 8, 2013, the court had fixed yesterday's mention date to decide on which judge should deliver the ruling as the accused had requested for previous judge Duncan Sikodol to deliver the ruling on his case on the grounds that Duncan had tried the case.

Deputy public prosecutor Raja Zaizul Faridah Raja Zaharuddin acted for the prosecution while Dato' Rakhbir Singh represented the accused.

The prosecution had closed its case on September 6, 2013 with a total of 40 witnesses called since trial commenced on February 7, 2013.

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Lawyer files application to review court order on convicted rapist

Posted: 29 Jan 2014 08:34 AM PST

KOTA KINABALU: The counsel for the man convicted of raping a minor, whom he later married, filed an application to the High Court here yesterday to review the order made by a Sessions Court judge in issuing a warrant of arrest on his client two days ago.

Counsel Ram Singh said Sessions Court judge Ummu Khaltom Abd Samad should have called the medical officer who issued the medical certificate to restaurant operations manager Riduan Masmud, 40, which was tendered in court as reason he could not be present for his sentencing on Jan 27.

"The learned Sessions Court judge is putting such blame and excuse on the defence counsel for not being able to contact our client.

"This is an error in her decision (to issue the warrant of arrest) as she had another alternative, that was to call up the said doctor to ask for an explanation as to what was our client's sickness or the duration before he can come back to appear in court.

"In the absence of the said doctor being called to explain, the warrant of arrest ought to be vacated," he said when contacted here.

In the application, he also said Ummu Khaltom should recuse herself in the case because of the manner the trial was conducted, knowing Riduan was not represented, besides issuing an arrest warrant without calling in the doctor who issued the medical certificate.

Ram also said the application stated the judge may have been prejudiced by remarks made by Sabah Community Development and Consumer Affairs Minister Datuk Jainab Ahmad Ayid on the case as published in the media.

Riduan tendered a medical certificate via one of his counsels, YS Lo on Jan 27, the date fixed for his sentencing by Ummu Khaltom after she had found him guilty on Jan 24 of raping a 12-year-old schoolgirl.

However, the judge was not satisfied with the details provided on the certificate and adjourned the court for an hour to allow Lo to contact Riduan or his family members to determine his illness.

Ummu Khaltom then issued a warrant of arrest on Riduan and fixed Feb 3 for review after Lo said he could not reach his client. — Bernama

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LDP crisis goes to court

Posted: 28 Jan 2014 03:39 PM PST

by Natasha Sim. Posted on January 29, 2014, Wednesday

Liew seeks judicial review on RoS' decision to endorse current party's leadership

KOTA KINABALU: Senior politician Datuk Liew Vui Keong yesterday filed a judicial review application seeking to revoke the decision made by the Registrar of Societies (RoS) in endorsing the current Liberal Democratic Party's (LDP) leadership.

The application to invalidate the RoS ruling made on January 7, this year was filed ex-parte through Liew's counsel, Dato' Rakhbir Singh, at the High Court here.

Liew is naming the RoS as the first respondent, and Datuk Teo Chee Kang and Datuk Chin Su Phin as second and third respondents respectively.

In a statement to the press, Liew said that he is filing the application in his capacity as the president of LDP, and until the dispute is resolved in court, he will not recognize the legitimacy of the party's current leaders.

He is seeking, amongst others, a declaration that the RoS had acted ultra vires the Societies Act on the 'purported' Extraordinary General Meeting (EGM) held on October 19 and 20, last year.

Secondly, he is claiming that the subsequent 'illegal' party election conducted by the opposing faction is null and void, and also that the RoS letter issued on January 7, this year as unlawful and void.

Liew is asking for an order of Certiorari to quash the decision made by the first respondent which endorses the current LDP Supreme Council line-up, with both elected and appointed council members.

In the application, Liew is also demanding an order of mandamus to oblige the RoS to serve a notice under Section 16 of the Societies Act 1966.

Apart from that, he is seeking an injunction to stop the second and third respondents from carrying out their duties as president and deputy president respectively, under the name of the party.

"It will be impossible for Datuk Teo Chee Kang and Datuk Chin Su Phin to lead LDP if their positions in LDP are illegitimate," Liew said, stressing the importance for the matter to be settled in court.

Liew added that what he is fighting for is a just and legitimate cause whereby he feels that the RoS has acted outside their powers which, if not rectified, will set a dangerous precedent for other registered societies in the country.

"I am duty bound, in the interest of justice as well as in the discharge of my duty as an office bearer of a political party, to seek for judicial redress," he said, adding that the matter was of public interest.

In regard to the ruling made by the RoS, Liew said he found it strange that they should recognize the EGM conducted in October, last year.

He cited the Federal Court's recent decision, involving the Sarawak National Party (SNAP), which held that the RoS is not empowered to, amongst others, hear, determine and adjudicate any dispute that has occurred amongst political party members.

"So (with) these things we will have to bring to court and let the court decide," Liew said.

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Jail, rotan for unlawful possession of firearms

Posted: 28 Jan 2014 11:03 AM PST

by Jane Moh, reporters@theborneopost.com. Posted on January 29, 2014, Wednesday

SIBU: A 30-year-old man was yesterday sentenced by the Sessions Court here to two years' jail and six lashes after he pleaded guilty to unlawful possession of a shotgun and bullets.

Nicholas Joseph Bujang initially pleaded not guilty to the charge framed under Section 8 of Fire Arms Act (Increased Penalties) 1971.

He changed his plea yesterday.

The section carries a maximum jail term of 14 years and minimum six strokes.

He was caught for the offence at a house at Mile 9, Oya Road at about 4am on Sept 28, 2013. He was arrested at about 6pm the same day.

His counsel Darren Ling told the court that Nicholas was the sole breadwinner of his family.

Besides his wife and two young children, aged seven and one, his parents were also staying with him, Ling said.

He said Nicholas worked as a security guard at an oil palm plantation, earning a monthly salary of RM900.

"It was his first offence. The shotgun and bullets were legally owned by his father," Ling said, adding that Nicholas had the shotgun for self-defence.

He said in the morning prior to his arrest, Nicholas had chased out intruders who stole something from his house.

Ling said Nicholas was cautious about intruders after learning that an Indonesian colleague was shot dead by intruders.

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Indonesian jailed four months for overstaying

Posted: 28 Jan 2014 09:27 AM PST

SARIKEI: An Indonesian national was last Monday sentenced to four months' imprisonment by Sibu Sessions Court after he admitted to overstaying in the state.

Ade Ramadahan, 26, pleaded guilty to a charge framed under Section 15(1)C of the Immigration Act 1959/1963 (Amendment. 2002) which carries a maximum fine of RM10,000 or up to five years' imprisonment, or both if convicted in court.

According to the brief facts of the case, Ade was loitering along Jalan Wharf Sarikei when stopped by a police party last Jan 7.

Police checked his travel document and found that he had entered the state through Entikong, Tebedu on Jan 6, 2012 and had not returned to his country since.

As such he had committed an offence under Section 15(1)C of the Immigration Act 1959/1963 (Amend. 2002)

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