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Forces told not to open fire unless attacked – commando BorneoPost Online | Borneo , Malaysia, Sarawak Daily News » Court - New 2 Sarawak

Forces told not to open fire unless attacked – commando

Posted: 14 Feb 2014 06:40 PM PST

by Suraini Andokong. Posted on February 15, 2014, Saturday

KOTA KINABALU: A senior VAT 69 commando told the High Court here yesterday that the Malaysia security forces did not do any preparation for warfare with the Sulu militants as they were only carrying out their assignment under Ops Daulat.

DSP Hakemal Hawawi were testifying in the trial of 29 accused who were alleged to have committed terrorism activities at several places in Lahad Datu, Semporna and Sandakan February 12 and April 10, 2013

Giving his oral testimony before High Court Judge Stephen Chung, Hakemal said they were only prepared for close recce at their respective areas of responsibility.

To a question under examination-in-chief by Attorney General Tan Sri Abdul Gani Patail, he said because of no preparation and according to his experience as a commando it was not a wise step to engage warfare with the gunmen at that particular time.

Abdul Gani asked, "Did Datuk Abdul Rashid Harun specify the terms of engagement if you happened to meet the gunmen?"

Hakemal responded and answered "Yes".

According to Hakemal, Abdul Rashid instructed them not to engage in any skirmish with the gunmen and not to fire at the enemies unless they were fired upon.

The trial of 29 accused persons including the nephew of the self-styled Sulu sultanate the III Datu Jamalul Kiram was held at a hall doubled as an open court at Kepayan Prisons here under tight security checks.

If found guilty they face the mandatory death sentence while the rest provide for life imprisonment and a fine, upon conviction.

Since the trial commenced on January 6 this year, Abdul Gani, who led the prosecution team, had called eight witnesses who were senior commandos and one auxiliary police.

It was learnt that the prosecution would produce more than 50 witnesses.

To another question by Abdul Gani, Hakemal, who was referred to a map said that the markings of their areas of responsibility were correct.

Hakemal further testified that he did give any briefing to his men and entered their area of responsibility on March 1, 2013 at 1.30am.

"When approaching our area of responsibility we were also equipped with night vision goggles and thermal imagers to enable us to do a close recce during the night," he explained.

When asked by Abdul Gani whether the equipment were appropriate to do their close recce assignment, the witness answered "Yes".

Abdul Gani was assisted by deputy public prosecutors Abdul Wahab Mohamed, Ishak Mad Yusoff, Mohd Dusuki Mokhtar, Cheng Heng Kher and Anati Kisahi while counsel involved were Datuk N. Sivananthan, James Tsai, Stella Simon, Zaleha Mohd Yusof Pan, Majnah Abdillah, Zakaria Ahmad Kamarudin Mohd Chinki, Ram Singh, YS Lo, Rowiena Rasad and Abdul Ghani Zelika.

The trial will resume on February 17.

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Tanker driver ordered to enter defence

Posted: 14 Feb 2014 06:24 PM PST

KOTA KINABALU: A tanker driver was ordered by the High Court here yesterday to enter his defence on charges of negligently causing injuries and grievous hurt to train passengers in a collision three years ago.

Judicial Commissioner Azahari Kamal Ramli allowed the prosecution's appeal against the lower court's decision to discharge and acquit Pauleh Dansun, 43, ruling that the prosecution had established a prima facie case against the Shell tanker driver.

Azhahari also ordered that the case be heard before the same magistrate and instructed the court registrar to set a hearing date.

In the first of two charges, Pauleh is 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 carries a maximum jail term of 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 tanker and the train at the same time and place.

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

The prosecution is led by deputy public prosecutor Wan Azwan Aiman Wan Fakhruddin, while the accused is defended by counsel Ram Singh.

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Teacher jailed for inciting pupil to perform indecent act

Posted: 14 Feb 2014 06:22 PM PST

by Sandra Sokial. Posted on February 15, 2014, Saturday

KOTA KINABALU: A primary school teacher who incited his pupil to commit act of gross indecency was yesterday sentenced to nine years' imprisonment for the offence.

Sessions Court Judge Ishak Bakri made the decision after ruling that the prosecution had proved its case beyond reasonable doubt against Jaini Mahrop, a 43-year-old bachelor, on three charges of inciting the 12-year-old pupil to perform the indecent act in the sports store of a school in Beaufort in 2012.

The court, however, ordered the jail terms to run concurrently, which means the teacher would only serve three years' imprisonment for all the charges. He was spared whipping.

In addition, the court also allowed his application for stay of execution pending appeal to the High Court.

Ishak set a new bail of RM15,000 with two local sureties.

Jaini, who was convicted under Section 377E of the Penal Code which provides for a jail term of up to five years and also liable to whipping upon conviction, performed indecent act on his pupil in his room in the school where the accused taught and at the sports store of the school between May and September 2012.

He was also initially charged with two counts of sodomising and three counts of inciting the victim to commit act of gross indecency.

On Nov 28 last year, the same judge acquitted and discharged Jaini, who is also the school senior assistant for curriculum, from the sodomy charges after the prosecution failed to establish a prima facie case against him.

But the court ordered Jaini to enter his defence on the other three charges.

This case was first brought to court on November 27, 2012.

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PKR hopes Adenan more receptive on NCR land issues

Posted: 14 Feb 2014 08:25 AM PST

KUCHING: State PKR chairman Baru Bian hopes that Tan Sri Adenan Satem the chief minister in waiting will be 'brave enough' to recognise 'pemakai menua' (communal land) and 'pulau galau' (reserved land/forest) as native customary rights (NCR) land.

Baru, who is also Ba Kelalan assemblyman, recalled that during the last State Legislative Assembly sitting in November last year, Adenan had stated that the government only recognised 'temuda' land.

"One thing you probably don't know is that we submitted all the written judgements of all the NCR land cases from the High Court, to the Court of Appeal to the Federal Court to Adenan during the last sitting.

"We were hoping that he would make an official recognition of pemakai menua and pulau galau, but unfortunately he did not – an official stand of the state government," he told a press conference here Thursday.

Baru hoped that with all the authorities in Adenan's hand as the chief minister, the latter would be brave enough to reserve or change the position of the state government and recognise pemakai menua and pulau galau as NCR land.

He said the Court of Appeal, in the case of Director of Forests Sarawak & 2 Ors v. Nicholas Mujah ak Ason & 2 Ors recently, had once again confirmed that NCR exists, this time in an area claimed by the residents of Rumah Ensika, Rumah Entanggor and Rumah Tingkah Dayak, Sebangan, Simunjan, as their pemakai menua and pulau galau.

"The government has been arguing against us all this while that pulau galau and pemakai menua are not recognised by the government even before 1958 but this case is related to that rights being admitted officially by the predecessor of the state government, meaning to say during the British Colonial time."

Baru said with the recent Court of Appeal case, there were at least seven cases at the Court of Appeal where NCR over pemakai menua and pulau galau had been affirmed and upheld.

"While the right to appeal is the right provided by the court of law in Malaysia, the government should stop arguing that only 'temuda' is recognised, not pemakai menua and pulau galau because that have been decided by the courts up to the Federal Court.

"So don't come back to the court and argue these things all over again. That is why we are calling on the government to recognise the decisions of the highest court in the land – that pemakai menua, pulau galau and temuda are all NCR land."

While congratulating Adenan on his appointment, Baru hoped that the new chief minister would receive and consider whatever things that the opposition would like to raise and issues pertaining to the rights of Sarawakians."These include land issue and problems faced in rural Sarawak, particularly in terms of infrastructure, education, medical services and utilities. We do hope that under his leadership, he will be receptive and be active in responding to what we raise."

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Nirmala denies her claim of being hit with metal cup fabricated

Posted: 14 Feb 2014 08:24 AM PST

KUALA LUMPUR: Indonesian maid Nirmala Bonat yesterday denied that her claim of being hit by her employer, Yim Pek Ha, with a steel cup on May 17, 2004, was fabricated.

She also disagreed with lawyer Chan Vy Sing, representing Yim and husband, Hii Ik Tiing, that her claim of being injured on the forehead, lips and nose was fabricated.

Nirmala, 29, said this in the hearing of her lawsuit against the couple for abusing and causing hurt on her with a hot iron and boiling water.

According to the witness statement, Nirmala claimed that Yim had hit her with a steel cup, causing her to bleed on the forehead, lips and nose on May 17, 2004.

To another question by Chan, Nirmala said at the time of the incident, Yim's third and fourth children were at home.

She disagreed with Chan when the latter said that she had attempted to pour dirty water on Yim's child.

Chan: Yim saw you wanting to pour dirty water on her child and after she reprimanded you for your action, you placed the water on the stove and left the house?

Nirmala: Disagree.

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.

Upon her appeal to the Kuala Lumpur High Court, her jail term was reduced to 12 years.

On Oct 1, 2012, the Appeals Court upheld a High Court's decision in imposing a 12-year jail term on Yim.

Hearing before High Court Judge Siti Khadijah S.Hassan Badjenid continues on Monday. — Bernama

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Engaging with intruders not wise, court heard

Posted: 14 Feb 2014 08:23 AM PST

KOTA KINABALU: The High Court was told yesterday that engaging with the intruders in a warfare at Kampung Tanduo, Lahad Datu during a close reconnaissance (recce) operation on March 1, last year was not a wise thing for VAT69 commandos to do.

When asked by Attorney-General Tan Sri Abdul Gani Patail whether it was wise to do so based on his experience and looking at the situation when carrying out the operation at the village, DSP Hakemal Hawari answered: "No."

Hakemal, who headed one of five teams to carry out close recce at Sector A in Kampung Tanduo, said the operation was the only instruction they were given by the operations tactical commander, Datuk Abdul Rashid Harun.

"We did not make preparation for an encounter with the intruders," he said.

Abdul Gani: Did Datuk Abdul Rashid specify the terms of engagement if you happened to meet the intruders?

Hakemal: Yes.

Abdul Gani: What were the terms?

Hakemal: We were instructed not to engage with the intruders by firing any shots unless we were attacked.

Hakemal, who led 33 men and officers including himself, told the court that his team also brought night vision goggles and thermal imagers with them when they went into their assigned area in Kampung Tanduo at about 1.30am on March 1.

He said both the equipment were useful in carrying out the close recce at night.

Earlier, Hakemal said he had taken aerial photographs of Kampung Tanduo at various angles, including aerial shots from the sea, on Feb 16, last year. He also said he conducted ground surveillance of Kampung Tanduo five days later with Abdul Rashid, Sabah brigade commander of the General Operations Force Datuk Ahmad Marzuki Mohd Saad and several other officers and men.

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 wilfully 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, will resume on Feb 17. — Bernama

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