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Men jailed six months for having fake bills BorneoPost Online | Borneo , Malaysia, Sarawak Daily News » Court - New 2 Sarawak

Men jailed six months for having fake bills

Posted: 21 Feb 2014 11:44 AM PST

KUCHING: A magistrates' court yesterday sentenced two men to six months in prison for being in possession of counterfeit money.

They appealed the sentence and were released on RM1,000 bail each pending their appeal to the High Court.

According to the facts of the case, on Sept 28 last year, the two 30-year-olds were arrested in Batu Kawah for having a counterfeit RM100 note, two counterfeit RM50 notes and one counterfeit RM20 note.

Both were convicted under Section 489C of the Penal Code read together with Section 34 of the same Act.

In an unrelated case, an Indonesian man was sentenced to two months in prison for having counterfeit notes.

According to the facts of the case, he tried to use a counterfeit RM10 note to buy a bus ticket on Feb 10 around 9am.

A subsequent check found he was carrying another counterfeit RM10 note in his wallet.

Both notes were proven to be counterfeit by Bank Negara.

He was sentenced under Section 489C of the Penal Code.

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Feb 25 set for prosecution’s appeal in Altantuya murder case

Posted: 21 Feb 2014 11:02 AM PST

PUTRAJAYA: The prosecution's appeal against the acquittal of two police special action unit personnel on a charge of murdering Mongolian national Altantuya Shaariibuu is fixed for case management on Feb 25.

Lawyer Datuk Hazman Ahmad representing Chief Inspector Azilah Hadri said he received a notice from the Federal Court registry yesterday notifying him of the case management date.

"On that day (Feb 25) the court would fix the date to hear the prosecution's appeal," he said when contacted yesterday.

Azilah, 37, and Corporal Sirul Azhar Umar, 42, were convicted and sentenced to death in 2009 after being found guilty by the High Court, of murdering Altantuya, 28, at Mukim Bukit Raja in Shah Alam between 10pm on Oct 19 and 1am on Oct 20, 2006.

The duo filed an appeal against the judgement, and on Aug 23 last year were granted an acquittal by the Court of Appeal which overturned their conviction.

The Court of Appeal in its 47-page judgment had held that circumstantial evidence adduced by the prosecution were insufficient to sustain the finding of guilt of the two policemen.

It said their guilt had not been satisfactorily proven, "thus the court was constrained to give them the benefit of the doubt".

The prosecution filed its petition of appeal on Jan 3 this year, listing six reasons on why the three-member Court of Appeal bench was wrong in law and facts to allow the two policemen to escape the gallows.

Meanwhile, the prosecution did not appeal against the acquittal of former political analyst Abdul Razak Baginda, 50, who was charged with abetting Azilah and Sirul.

The High Court on Oct 31, 2008, held that the prosecution failed to establish a prima facie case against Abdul Razak. — Bernama

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Mar 17-19 trial in suit over Semporna land

Posted: 21 Feb 2014 09:31 AM PST

by Sandra Sokial. Posted on February 22, 2014, Saturday

KOTA KINABALU: High Court yesterday adjourned to next month the full trial of a suit brought by a group of natives against the state government and four other defendants, seeking RM500 million over the alleged denial to their customary rights to a 5,000-acre land planted with oil palm in Semporna.

Judicial Commissioner presiding as Justice Azahari Kamal Ramli set March 17-19 for the hearing.

The case was heard after the Court of Appeal ordered a full trial last year to overturn earlier verdict by the High Court for dismissing it with costs in 2011.

Counsel Yunof Maringking, representing the plaintiffs, called his first witness yesterday, former Bugaya assemblyman Datuk Basalie Basirun, who had represented the plaintiffs against Suruhanjaya Koperasi Malaysia Negeri Sabah to stop the company from destroying their crops planted in the land.

Three years ago, Judge Datuk Abdul Rahman Sebli dismissed the suit brought by Arasad Kibtiani, Abdul Rasul Ibnu Hassan, Ramlee Saraman, Abdul Hamzah Julkayani, Marasal Danial @ Mohd Salleh and Nurillah Imam Lauhari, who also acted for 125 residents.

In his reserved judgement, Rahman held that he agreed with the counsel of the defendants that the court had no original jurisdiction to determine or make an order that the plaintiffs are the native customary rights (NCR) owners of the land in dispute.

Rahman said he was bound by the recent decision of the Court of Appeal in the case of Darinsok Pangiran Apan & Ors v Hap Seng Consolidated Bhd & Ors where it was held that the High Court did not have the original jurisdiction to hear a claim of this nature.

The plaintiffs filed the suit at the High Court here on Jan 22, 2010, and named Syarikat Kerjasama Perkembangan Tanah Pagagau Berhad, the state government, the director of Lands and Surveys Department, Suruhanjaya Koperasi Malaysia Negeri Sabah and Syarikat P.J Nagus Sdn Bhd as first, second, third, fourth and fifth defendants respectively.

Counsel Rakhbir Singh acted for first defendant, senior state counsel Nor Asiah Mohd Yusof represented the second and third defendants while counsels Ahmad Rahman and Connie Willie for the fourth and fifth defendants respectively.

The RM500 million being sought by the plaintiffs is for general, aggravated and exemplary damages from the defendants for the alleged breach of trust, cheating and fraud and/or humiliation, distress, mental anguish and trauma which the plaintiffs' families respectively suffered due to inhuman acts accorded to them by the defendants.

The background facts stated that in 1966 Pegagau Anak Negeri Co-operative (PANC) and another applied for state land and their respective applications were approved by the second defendant through a letter dated Jan 19, 1966 for 5,000 acres each either under Country Lease or Native Title Terms.

As PANC was not a registered society, no title deed was issued for the 5,000 acres it had applied but pursuant to the approval, the plaintiffs or their predecessors cultivated the land under native customary rights without objection by anyone.

However in 1992, the first defendant applied for the land while the ACLR Semporna did not serve notice as required under Section 13 of the Land Ordinance to the plaintiffs.

Although notice was not served on them, the plaintiffs objected to the said land application.

The ACLR Semporna informed the second and third defendants that it had received objection from the plaintiffs who requested for the portion of the land that they had cultivated to be excluded from the said land application by the first defendant, thus subsequently the third defendant stopped the surveying of the land.

However, in 1994 the first defendant destroyed all the plaintiffs' crops on the land and thus some of the plaintiffs applied for an injunction but it was dismissed.

They discovered sometime in mid 2009 that the land was alienated to one of the companies and were told that they or their predecessors had no legal right to the land.

Thus, the plaintiffs brought this suit against the defendants, inter alia, for conspiracy to cheat or fraud to deprive the plaintiffs of the said land and seeking a declaration of their rights on the land.

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Karpal found guilty of sedition for questioning Perak Sultan

Posted: 21 Feb 2014 08:36 AM PST

KUALA LUMPUR: The High Court today found lawyer and DAP chairman Karpal Singh guilty of sedition for questioning the Sultan of Perak's action in removing Datuk Seri Mohammad Nizar Jamaluddin as the menteri besar of Perak in 2009.

Justice Datuk Azman Abdullah set March 7 for sentencing after Karpal Singh's counsel, his son Gobind Singh Deo, informed the court that his father was unwell and needed time to prepare his mitigation.

Karpal Singh, 73, was charged with having said at his legal firm in Jalan Pudu Lama on Feb 6, 2009, that the removal of Mohammad Nizar and the appointment of Datuk Seri Dr Zambry Abdul Kadir as the new menteri besar by the sultan could be questioned in court.

The charge, under Section 4(1)(b) of the Sedition Act 1948, provides for a maximum jail term of three years and a fine of RM5,000, or both, upon conviction.

The High Court had, on June 11, 2010, acquitted and discharged Karpal Singh without calling for his defence but, following an appeal by the prosecution, the Court of Appeal, on Jan 20, 2012, ordered the Bukit Gelugor MP to make his defence.

Azman, in his judgement today, said the court found that Karpal Singh's testimony, delivered over seven days, and that of another defence witness had failed to raise a reasonable doubt in the prosecution's case.

Karpal Singh told reporters afterwards that he respected the decision of the court and that he would appeal soon after the court meted out the sentence.

Members of Karpal Singh's family as well as the top leaders of the opposition Pakatan Rakyat pact were present in court today to lend support to the DAP leader.

The prosecution was represented by Deputy Public Prosecutor Noorin Badaruddin. — Bernama

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Karpal Singh found guilty of sedition

Posted: 20 Feb 2014 06:59 PM PST

Posted on February 21, 2014, Friday

KUALA LUMPUR: KL High Court today found Karpal Singh guilty of making seditious remarks against Perak Sultan in 2009. -Bernama

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Blogger about to enter his car when arrested

Posted: 20 Feb 2014 06:08 PM PST

by Mariah Doksil. Posted on February 21, 2014, Friday

KOTA KINABALU: The arrest of a blogger accused of uploading a police representative form to his blog, milosuam.blogspot.com, to create fear among the public was made based on reports submitted by the cyber security unit head Superintendent Victor Sanjov, the Magistrate's Court here was told yesterday.

ASP Nordin Mohd Nor, 43, the fifth witness in the trial of Yusuf Al Siddique Suratman, said he and a number of police personnel made a raid on 1 May last year and arrested the blogger.

The police officer from attached to the computer software criminal investigation department said he was briefed on logistics, transportation, personnel on duty and also information on the case, in which a blogger has uploaded an entry in his blog regarding Ops Daulat.

"After that, a number of police personnel and I went to Media Hotel Damansara at 2pm for inspection and identified the location of the accused," Nordin, who was testifying before magistrate Ryan Saginann Rayner JR, said, adding the arrest was made at Giant Meru, Klang parking area at 9.45pm.

"The arrest was made when the accused was about to enter his car at the parking lot. I also made physical check during the arrest," he said, adding that a Nokia mobile phone and a Blackberry smartphone were also confiscated.

Other items which were seized from the car of the accused were a laptop, two broadbands, a hard disk, sim cards and memory cards.

Nordin also said all items were marked and handed over to investigating officer Insp Azizi together with Borang Bongkar at the third floor of Bukit Aman's Commercial Crimes Investigation Department (JSJK), Jalan Dato Onn.

The 29-year-old blog owner is alleged to have committed the offence on 6-7 March last year.

He allegedly published on his blog "Maklumat Sulit: Pendatang asing bakal cetus huru-hara di Sabah?", meaning foreigners may attempt to create a ruckus in Sabah.

In the blog entry, the accused claimed that 1,400 foreigners will cause chaos in the state by showing documents as evidence that he claimed were from the police.

Yusuf is charged under Section 505 of the Penal Code , if convicted, may be sentenced to imprisonment for two years and fined.

Yusuf was represented by lawyers, Goldam Hamid and Shazlan Jufri, while Deputy Public Prosecutor Nuur Fakhizaa Abu Bakar prosecuted.

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