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People unhappy over acquittal of accused in girl’s death – ex-senator BorneoPost Online | Borneo , Malaysia, Sarawak Daily News » Court - New 2 Sarawak

People unhappy over acquittal of accused in girl’s death – ex-senator

Posted: 13 Feb 2014 04:31 PM PST

KOTA KINABALU: Former senator Datuk Maijol Mahap hopes that an appeal against the acquittal of Paksitani Amir Ali Khan on the charge of causing the death of a local girl be filed.

"I hope the prosecution will file an appeal to the High Court and do their best so as to serve justice to Norikoh's family and the public, especially the people of Kota Marudu.

According to him, the people of Sabah, especially the people of Kota Marudu are disappointed, distressed and even angry that Amir was acquitted and discharged by the Sessions Court judge for the charge of murdering Norikoh Saliwa.

Maijol, a lawyer, disclosed that according to the judgement, the main reason why he (Amir) was acquitted was that there was a conflict of identity of the lorry from which the victim fell down from.

"The three prosecution witnesses, namely, Arwin Amin, Turagis Lamum and Nina Natasha Bigong have positively identified the lorry. But another witness by the name of Mohd Ibrar who was the prosecution's own witness (PW 37) contradicted their testimonies by saying that the lorry was not the same lorry that was earlier identified by the three witnesses.

"For us in Kota Marudu, it is unbelievable that the accused was acquitted. We are stunned and wondering what went wrong. There were endless of comments in the Facebook showing their displeasures and anger.

"Among the questions people asked were why did the prosecution led by Raja Zaizul Faridah Raja Zaharuddin call Mohd Ibrar to identify the lorry when the same was already positively identified by their earlier three witnesses? Why Mohb Ibrar was a hostile witness or became a hostile witness for the prosecution? And when he turned hostile witness, why didn't the prosecution challenge or impeach him?" he questioned.

Maijol said that throughout the trial, all the prosecution witnesses who were called to the court have spoken in consonant with the indictment against the Pakistani. But there was only this one witness who said otherwise. Was this statement from one person invalidated all the other witnesses statements?

"The Pakistani's defence was not even called because there was no prima facie against him. The people of Kota Marudu can't believe this. I think those people who know and followed the case will have a lot of question marks on their head now," he said.

Meanwhile, Norikoh's father Saliwah Madaya, when contacting Maijol by SMS, expressed his disappointment and sadness at Amir's acquittal.

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Seven years more for men appealing 13-year sentence

Posted: 13 Feb 2014 11:49 AM PST

KUCHING: Two men convicted of killing a 67-year-old man in Samarahan two years ago had their custodial sentence increased to 20 years each from the original sentence of 13 years each during a Court of Appeal sitting here yesterday.

The judges comprising Datuk Balia Yusof Wahi, Datuk Tengku Maimun Tuan Mat and Datuk Varghese Goerge Varughese imposed the decision on Solihin Bujang Rasdi, 24, and Bahim Mail, 34, after taking into consideration the submission made by the prosecutor and both appellants.

Solihin and Bahim – who pleaded guilty to manslaughter – were convicted under Section 304(a) of the Penal Code, which carries a maximum penalty of 30 years in prison.

The duo were found guilty of killing Walena Halida at the victim's house on June 27, 2012, after robbing him of his valuables.

Their sentence was ordered by the High Court to run from the date of their arrest on July 4, 2012.

Deputy public prosecutor Awang Armadajaya Awang Mahmud urged the court to enhance the sentence for the duo because they could have let the victim go after committing the burglary but instead chose to attack the helpless senior citizen.

Walena was found in a pool of blood  by his brother.

It is learnt that he was attacked with an iron rod when he returned to the house as Solihin and Bail were about to leave.

Both appellants were not represented by counsel yesterday.

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Nirmala Bonat’s 44-month stay at Indonesian embassy cost RM24,048, says embassy clerk

Posted: 13 Feb 2014 11:47 AM PST

KUALA LUMPUR: The High Court here was told yesterday that the Indonesian Embassy spent RM24,048 for Nirmala Bonat during her 44-month stay at the embassy.

A clerk at the embassy, Galuh Indriyati, in her witness testimony, said the expenses were incurred between May 2004 and January 2008.

"It covers for her food, accommodation, basic needs, counselling fee and health checks," she said on the fourth day hearing of Nirmala's lawsuit against her former employer, Yim Pek Ha, and husband, Hii Ik Tiing, for abusing and causing hurt on her with a hot iron and boiling water.

She said the embassy had also borne Nirmala's expenses to attend hearing of her lawsuit.

However, Galuh said, she no longer had the receipts to prove the expenses that were incurred as the receipts were all destroyed after five years.

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 Judge Siti Khadijah S.Hassan Badjenid continues today. — Bernama

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Sibu woman jailed and fined for keeping stolen property

Posted: 13 Feb 2014 11:07 AM PST

KUCHING: A 21-year-old woman from Sibu was sentenced to six months' jail and a fine of RM4,000 in default two months' jail for three counts of retaining stolen property.

Liu Fang Ting pleaded guilty to the charges before Magistrate Portia Tham Ong Leng after considering her social report, nature of the offence, her mitigation pleas and public interest.

For the first and second charges Liu pleaded guilty to retaining stolen items which included computers, wires, checkbook, television sets, stereo equalizer, two amplifiers, two microphones, wireless microphones receivers, audio and video distributors and other items as a result of several housebreaking incidents.

For the third charge, she admitted to retaining 69 packets of dog food, dogs collars and dog grooming tools worth around RM17,000.

The case came to light after a pet dog, which was found missing from a pet shop in town, was reported stolen to the police.

A police party raided a house at Taman Riveria about midnight on Dec 23 last year to arrest the accused and her boyfriend.

The police also found many items that were reported stolen in the house.

Liu had previously been slapped RM6,500 fine after she pleaded guilty to two similar charges.

She, however, did not settle the fine and had to be remanded until yesterday.

Her boyfriend, who was also charged together with her when the cases were mentioned, pleaded guilty to the charges and settled the fine imposed on him.

All the charges are framed under Section 411 of the Penal Code which carry a jail term of up to five years and liable to a fine.

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VAT69 commando tells court of soldiers’ lives under threat from armed intruders

Posted: 13 Feb 2014 11:02 AM PST

KOTA KINABALU: A VAT69 commando leader told the High Court here yesterday he and his team would have been exposed to danger had he given the three armed intruders who were shot dead in Kampung Tanjung Batu, Lahad Datu, on March 6 the option to surrender.

Inspector Shahar Omar said that at that time, he was not certain if there were other intruders besides the three who were shot.

"If I let them (armed intruders) to surrender, it will affect or expose our position and I will be putting the team at risk," he added.

Questioned by Deputy Public Prosecutor Abdul Wahab Mohamed on what he understood by the word 'surrender', Shahar said it meant the intruders must put down their weapons and raise their hands.

Abdul Wahab: Throughout your duty at Kampung Tanduo and Kampung Tanjung Batu, were there armed intruders who put down their weapons and raised their hands?

Shahar: None.

During cross-examination, Shahar said he disagreed with counsel Datuk N Sivananthan that the three intruders, who were armed with machetes, posed no threat whatsoever to his team of 12 men who were carrying guns.

Asked by Sivananthan how the intruders could have been a threat to his team, Shahar said the three intruders wore army fatigue and that before the incident at Kampung Tanjung Batu, flyers had been dropped in the Kampung Tanduo area saying any intruder who wanted to surrender was not allowed to carry any kind of weapon.

In the shootout at Kampung Tanduo, involving his team in Sector A on March 1, Shahar said the firepower from the intruders' weapons was greater than his and his team's.

He said his team members were carrying M16 (M203) weapons and two Bushmasters that could fire 5.56mm bullets.

Sivananthan: Did any of your men use 7.62mm bullets?

Shahar: No. Not my team.

Sivananthan: In VAT69, are these bullets used in any weapon?

Shahar: In VAT69, that bullet is used in supporting weapons.

Sivananthan: In terms of firepower, are those (supporting) weapons more lethal?

Shahar: Yes.

Shahar had told the court earlier that there were more than two intruders firing at his team of 18 at Kampung Tanduo and that the intruders' firepower was greater than his team's. When Sivananthan pursued the matter, Shahar said the firepower of weapons shooting 7.62mm bullets was greater than those that could shoot 5.56mm bullets.

Sivananthan: Are you saying the enemies (intruders) were using 7.62mm bullets?

Shahar: Some were using 7.62mm bullets, some 5.56mm.

Thirty accused, comprising 27 Filipinos and three local residents, are standing trial.

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 continues today before Justice Stephen Chung. It is being convened at the Sabah Prisons Department. — Bernama

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Court adjourns hearing to Apr 17

Posted: 13 Feb 2014 10:58 AM PST

KUCHING: The Court of Appeal here yesterday adjourned to April 17, hearing a case involving a former court interpreter convicted of drug trafficking and was sentenced to death by hanging.

Judges Datuk Balia Yusof Wahi, Datuk Tengku Maimun Tuan Mat, Datuk Varghese Goerge Varughese heard that the record of appeal of the appellant, Mervyn Chan, was incomplete.

Chan, 30, was convicted by Miri High Court which found him guilty of trafficking 460grammes of methamphetamine. He committed the offence at 1.05pm on Jan 29, 2010 at the Miri Pos Laju office to collect parcels. He was arrested at the same place.

Chan is appealing against the conviction. He was convicted under Section 39B(1)(a) of the Dangerous Drugs Act 1952 which carries the mandatory death penalty.

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