» »Unlabelled » Feb 14 ruling on appeal against tanker driver’s acquittal BorneoPost Online | Borneo , Malaysia, Sarawak Daily News » Court - New 2 Sarawak

17:45:00

Feb 14 ruling on appeal against tanker driver’s acquittal BorneoPost Online | Borneo , Malaysia, Sarawak Daily News » Court - New 2 Sarawak

Feb 14 ruling on appeal against tanker driver’s acquittal

Posted: 11 Feb 2014 10:04 AM PST

by Natasha Sim. Posted on February 12, 2014, Wednesday

KOTA KINABALU: The High Court has fixed February 14 for its decision on a prosecution's appeal against the discharge and acquittal of a tanker driver charged with two counts for having negligently caused injuries and grievous injuries to train passengers in a collision three years ago.

Judicial Commissioner Azahari Kamal Ramli adjourned the decision after hearing submissions from both the appellant and respondent.

Pauleh Dansun, 43, represented by counsel Ram Singh, was discharged and acquitted by the lower court on July 17 this year on the grounds that the prosecution had failed to establish a prima facie case against him.

On the first count, Pauleh was accused of having, through his negligence as a tanker lorry driver, caused hurt by an act which endangered the lives of six train passengers, aged between 20 and 64, on October 31, 2011 between 5.30pm and 5.45pm in front of a fuel station at Km 8, Jalan Kepayan.

The charge under Section 337 of the Penal Code is punishable with imprisonment of up to six months or a fine, or both, upon conviction.

Pauleh was also charged with causing grievous hurt, through his negligence, to two train passengers, aged 48 and 38 respectively, during the collision between the lorry and the train at the same time and place.

The charge under Section 338 of the same Act is punishable with a jail term of up to two years or a fine, or both, upon conviction.

Earlier, Senior Federal Counsel Jamil Aripen submitted that the Magistrate's Court had erred in fact and law by holding that there was no prima facie case established against the respondent.

He said Pauleh, as the driver, was delivering petrol to the fuel station on a regular basis and therefore ought to have known the danger of the oncoming train when he crossed the railway line. It was also said that the respondent was aware that he was transporting 27,000 litres of petrol before crossing the railway line.

Jamil, assisted by deputy public prosecutor Wan Azwan Aiman Wan Fakhruddin, further submitted that the lower court had failed to give judicial consideration to a police report regarding the incident that it deserved under Section 17 and 21 of the Evidence Act 1950.

The appellant also argued that Pauleh, in crossing the railway track, did not appreciate the likelihood of danger that he may have caused the passengers in the oncoming train.

In reply, Ram said that the prosecution, at the time of trial, had admitted that the crossing was an illegal-level crossing as it is without a proper drop-gate or gatekeeper.

He said the authorities had failed to consider installing a proper drop-gate to prevent the likelihood of such an incident from happening, therefore it was never safe for any road user to lawfully use the crossing.

The respondent further submitted that the lower court had taken into account intervening factors and held that Pauleh ought not to be solely blamed for the collision. Such intervening factors, amongst others, were a billboard that was about 95 metres in length and five metres in height, the speed of train which was not established and the narrow access of the road which did not allow space for Pauleh to maneuver the tanker.

Print Friendly

To enable your comment to be published, please refrain from vulgar language, insidious, seditious or slanderous remarks. This includes vulgar user names.

Rape-marriage case manager out on bail

Posted: 11 Feb 2014 09:54 AM PST

KOTA KINABALU: Restaurant manager Riduan Masmud who was convicted recently of raping an underage girl was released yesterday after posting bail.

According to defence counsel Ram Singh, the first wife of Riduan posted the RM15,000 bail together with a second bailor, who is his aunt.

Riduan was escorted by six prison officers and two police officers during the transaction at the courthouse here.

Ram said the transaction was completed about 4pm and Riduan was then brought back to the prison to show the bail documents.

Riduan was sentenced February 3 to 12 years' jail and two strokes of the cane for raping the girl, whom he then took on as a second wife.

The statutory rape offence under Section 376 (1) of the Penal Code carries a maximum of 20 years' jail and whipping, on conviction.

The Sessions Court found him guilty of raping the then 12-year-and-six-month-old girl inside a car by the roadside near the Kionsom Waterfall in Inanamabout 10 am on February 18, 2013.

However, judge Ummu Kalthom Abd Samad had granted Riduan a stay of execution, pending an appeal to the High Court. Ummu then set a new bail at RM15,000 with two local sureties and one of the sureties must be his first wife.

In applying for a stay of execution, the court was informed that Riduan was suffering from some illnesses for which he has been hospitalized for.

Riduan is facing an ongoing trial at the Corruption Court for allegedly bribing the victim's father to have the girl withdraw the police report against him for rape. He is set to appear for the corruption case on March 18, this year.

Print Friendly

To enable your comment to be published, please refrain from vulgar language, insidious, seditious or slanderous remarks. This includes vulgar user names.

Two foreigners deny gang robbery charge

Posted: 11 Feb 2014 09:52 AM PST

KOTA KINABALU: Two jobless foreigners pleaded not guilty at the Sessions Court here yesterday to a joint gang robbery charge.

Judge Azreena Aziz fixed March 22, this year for the trial of Saadan Saharul and Azrin Mohd Halik, both 20 years old, and March 13 for their case management.

The duo allegedly robbed Ho Chee Kiong, 59, of an iPhone 5 on January 24 this year at the car park in front of CIMB Bank, Jalan Tugu, Kampung Air.

The charge framed under Section 395 of the Penal Code is punishable with a jail term of up to 20 years, and liable to whipping, upon conviction.

Both the accused were also ordered to be further remanded in custody, pending disposal of their case.

Meanwhile, in the same court, Yulianti Andarian, 30, Omar Abraham, 28, and Majidul Jalah, 27, were sentenced to four months' imprisonment for illegal entry into the state. Azreena also ordered Omar and Majidul to be whipped once.

They were charged under Section 6 (1) (c) of the Act which is punishable with a fine of up to RM10,000 or a jail term of up to five years, or both, and with whipping upon conviction.

All the accused had pleaded guilty to charges of entering the State illegally, between February 1 and 3, this year in Tuaran, Penampang and Kota Belud.

Print Friendly

To enable your comment to be published, please refrain from vulgar language, insidious, seditious or slanderous remarks. This includes vulgar user names.

VAT69 commandos received instructions to shoot at armed intruders — Witness

Posted: 11 Feb 2014 08:31 AM PST

KOTA KINABALU: VAT69 commandos received instructions to fire at any intruder should they be armed, during the incursion at Kampung Tanjung Batu in Lahad Datu last March 6, the High Court heard yesterday.

DSP Anwar Rosdi said the orders, given to the commandos during a 'cut-off' operation to prevent the intruders from escaping Kampung Tanjung Batu, were not the same instructions given at the close reconnaissance (recce) operation conducted at Kampung Tanduo.

Counsel Datuk N Sivananthan: "It has been in your evidence that you should not shoot first unless you were shot at. Do you agree with me that this instruction was not followed by you on
March 6?"

Anwar: "I do not agree because that instruction was for the operation at Kampung Tanduo, not at Kampung Tanjung Batu."

The witness also dismissed as a mistake, the fatal shooting of two intruders at Kampung Tanjung Batu.

Sivananthan: Do you agree with me that you and your team were free to shoot at any intruders?

Anwar: I do not agree because we could only shoot at those that were armed.

Sivananthan: I put it to you that you and your team failed to exercise due caution before firing at them.

Anwar: I do not agree because they were armed.

He explained that there were four patrols under his charge with a strength of 24 men, and not all were involved in the shoot-out at Kampung Tanjung Batu but he could not recollect the number.

He said he spotted five armed intruders at Kampung Tanjung Batu but held his fire and gave orders instead for his men to shoot.

Earlier, Anwar told the court that the teams of sectors B and D during a close recce operation at Kampung Tanduo on March 1 were inside sector C when a shoot-out occurred.

Questioned by Sivananthan whether he had signalled for help, Anwar, who led the sector C team said he used a walkie-talkie to inform Operations Tactical Commander Datuk Abdul Rashid Harun about the shoot-out in his sector as the latter was the only person who could decide who would go to their aid.

"But around the same time, sector B was also attacked by the armed intruders. From what I can recall, my team and team B encountered a shoot-out more or less at 10am because our locations were close and I could hear gunshots (from sector B)," he said.

Anwar also told the court that he did not receive any message from one of his men, Corporal Azman Ampong who was ahead with Corporal Mohd Tarmizi Hashim, that they had been spotted by a group of the armed intruders.

"I only received Azman's message via walkie-talkie two minutes after the shoot-out occurred, informing that he had been shot.

Questioned by Sivananthan if he had tried to communicate with Azman to ask what was going on upon hearing the first shots, Anwar said he could not remember whether he did as the situation then was chaotic.

Thirty accused, comprising 27 Filipinos and three local residents, are being tried in the case.

Some are facing multiple charges of being members of a terrorist group or waging war against the Yang di-Pertuan Agong, recruiting members for a terrorist group or willfully harbouring individuals they knew to be members of a terrorist group.

They allegedly committed the offences between Feb 12 and April 10 last year.

The hearing before Justice Stephen Chung, which is being convened at the Sabah Prisons Department, continues today. — Bernama

Print Friendly

To enable your comment to be published, please refrain from vulgar language, insidious, seditious or slanderous remarks. This includes vulgar user names.

I tried to put up a fight when the hot iron was placed on my breast, says maid

Posted: 11 Feb 2014 08:31 AM PST

KUALA LUMPUR: Indonesian maid Nirmala Bonat told the High Court here yesterday that she tried to put up a fight when her employer Yim Pek Ha placed a hot iron on her breast 10 years ago.

She said she managed to grab Yim's hands , but did not try to take away the iron from her employer.

Nirmala, 29, said this when questioned by lawyer Chan Vy Sing, who is representing Yim and husband, Hii Ik Tiing, on the second day hearing of her lawsuit against the couple for abusing and causing hurt on her with a hot iron and boiling water.

She disagreed with Chan, who said that what she had just told the court contradicted with her testimony in the Sessions Court eight years ago.

According to Chan, the maid told the Sessions Court that she kept quiet and did not put up a fight when Yim placed the iron on her.

However, Nirmala said she could not remember whether she told the police or doctors who interviewed her about the injury on her hands.

Chan: I put it to you that you regard the injury on your hand caused by the iron as not important and that was why you did not inform the matter to the police in the report lodged in 2004.

Nirmala: I don't agree.

Chan: I put it to you that your testimony in the court today that you tried to prevent Yim from placing the hot iron with both your hands was a fictitious for the purpose of claiming damages.

Nirmala: I don't agree.

Nirmala filed the lawsuit on Jan 28, 2010, claiming that the couple had abused and caused grievous hurt on her with a hot iron and boiling water.

In the statement of claim, she stated that she was employed by the couple, who was residing at Villa Putera, Jalan Tun Ismail here, in September 2003.

Nirmala claimed that during her employment at the couple's residence, she was abused and injured several times by Yim, including with a hot iron on January 2004. She claimed that Hii failed to stop his wife from injuring her as well as to provide her the necessary medical treatment for her injuries.

Nirmala is seeking general damages for pain and sufferings that she went through and more than RM40,000 in special damages for loss of income, medical expenses and other cost deem fit by the court.

Yim, a former air stewardess, was sentenced to 18 years jail by the Sessions Court on Nov 27, 2008 after she was found guilty on three counts of causing grievous hurt on the Indonesian maid with a hot iron and hot water at Villa Putera, Jalan Tun Ismail here in January, March and April, 2004.

Yim, who has four children, appealed to the High Court, which reduced the sentence to 12 years jail on Dec 3 last year. Hearing before Judge Siti Khadijah S Hassan Badjenid continues today. — Bernama

Print Friendly

To enable your comment to be published, please refrain from vulgar language, insidious, seditious or slanderous remarks. This includes vulgar user names.

Fourth remand extension for drive-by shooting suspects

Posted: 10 Feb 2014 03:52 PM PST

KOTA KINABALU: The Magistrate's Court here yesterday extended a remand order made against three suspects involved in the recent drive-by shooting incident around the city.

Court registrar Pitrus Lee, presiding as magistrate, made the decision in chambers yesterday after allowing an application by the police, acting as prosecution, for the men to be further remanded in custody.

This was the fourth application to extend the remand in police custody against the suspects, for the purpose of facilitating police investigation.

The trio, aged between 25 and 36, are being investigated under Section 32 (2) of the Firearms Act 1960 which provides up to 10 years' jail and also liable to a fine, on conviction.

It was reported that the men were arrested on Jan 29, this year around the state capital by a special squad under the 'Ops Cermin' operation to investigate a series of incidents where 46 premises were shot at by air guns loaded with marbles.

The group of individuals allegedly moved around in three vehicles and targeted premises located within the city centre, Inanam, Luyang and Penampang, between 11.45pm on Jan 10 until 6am on Jan 11.

Among the premises affected were offices, banks, hotels, beauty salons, restaurants, a petrol station and car showrooms with estimated losses of up to thousands of ringgit.

The incident was said to have caused some degree of panic among the public which escalated through the use of social media tools such as Facebook and WhatsApp.

Print Friendly

To enable your comment to be published, please refrain from vulgar language, insidious, seditious or slanderous remarks. This includes vulgar user names.