» »Unlabelled » Court orders ‘Papa Gomo’ to pay Anwar RM800,000 BorneoPost Online | Borneo , Malaysia, Sarawak Daily News » Court - New 2 Sarawak

17:10:00

Court orders ‘Papa Gomo’ to pay Anwar RM800,000 BorneoPost Online | Borneo , Malaysia, Sarawak Daily News » Court - New 2 Sarawak

Court orders ‘Papa Gomo’ to pay Anwar RM800,000

Posted: 28 Feb 2014 11:00 AM PST

KUALA LUMPUR: The High Court here yesterday decided in favour of opposition leader Datuk Seri Anwar Ibrahim who had sued blogger 'Papa Gomo' for linking him to a man in a sex video.

Judicial Commissioner Rosilah Yop made the decision in chambers before Anwar's lawyers N Surendran and Lateefa Koya and lawyer Jasbeer Singh Kawna, who represented Wan Muhammad Azri Wan Deris.

Surendran told reporters the court had found that the plaintiff (Anwar) had proved his claim that Wan Muhammad Azri was 'Papa Gomo'.

He said Wan Muhammad Azri was ordered to pay RM800,000 in damages to Anwar.

"The court also ordered the defendant to pay RM50,000 in costs," said Surendran.

Meanwhile, Jasbeer Singh said his client would file an appeal against the decision.

On March 21 last year, Anwar filed a RM100-million defamation suit against Wan Muhammad Azri, alleging that he had posted a series of four defamatory statements and images on his blog dated March 16, 17, 19 and 20, 2013. — Bernama

Print Friendly
We encourage commenting on our stories to give readers a chance to express their opinions; please refrain from vulgar language, insidious, seditious or slanderous remarks. While the comments here reflect the views of the readers, they are not necessarily that of Borneo Post Online. Borneo Post Online reserves the right not to publish or to remove comments that are offensive or volatile. Please read the Commenting Rules.

Corruption: Customs duo’s appeal dismissed

Posted: 28 Feb 2014 09:40 AM PST

by Suraini Andokong. Posted on March 1, 2014, Saturday

KOTA KINABALU: The Court of Appeal here yesterday dismissed the appeal by two Customs Department enforcement personnel against three corruption convictions.

Justice Datuk Zaharah Ibrahim, who sat together with justices Datuk Linton Albert and Dato' Abang Iskandar Abang Hashim unanimously affirmed the sentence imposed on Alzendra K Johnny Upin and senior Customs enforcement assistant Ajin Sollunda by the High Court here, which allowed the appeal by the prosecution against the duo's acquittal.

However, the appellate court ordered Alzendra to serve the jail term for the third charge to run concurrently with the first and second charges.

The High Court here had on Feb 20, 2013, set aside their acquittal by the Corruption Court here and sentenced them to jail and fine for all the bribery charges.

On the first count, the two appellants were each jailed two years and fined RM90,000, in default, three months' jail for asking for RM18,000 from a man as inducement not to take action against him for allegedly possessing a smuggled car. They committed the offence at a restaurant in Berungis, Tuaran on Feb 11, 2010.

On the second charge, they were each sentenced to another two years' imprisonment and received RM25,000 fine, in default, three months' jail for receiving RM5,000 from the same person for the same purpose in front of a supermarket at Jalan SESB here the same day.

For the third count Alzendra was jailed one year and fined RM30,000, in default, three months' jail for receiving another RM6,000 from the same man also for a similar reason at the restaurant on March 4, 2010.

The first count was framed under Section 16(a) (B) of the Malaysian Anti-Corruption Commission Act 2009 while the second and third counts were each framed under Section 17 (a) (B) of the same Act.

Each of the charges, which is punishable under Section 24 of the same act, carries a jail term of up to 20 years and a fine of up to five times of the bribe amount or RM10,000 depending on which amount is higher, upon conviction.

The High Court Justice had ordered all the jail terms to run consecutively.

Deputy public prosecutor Joyce Blasius appeared for the respondent while Alzendra was represented by counsel Hamid Ismail and counsel Sugumar Balakrishnan acted for Ajin.

In an unrelated case, the same court allowed an appeal by the prosecution against the acquittal of a local man by the High Court for bribing a policeman.

In their decision, the judges unanimously set aside the High Court's decision on Chee Nyit Khen, 30, and restored his sentence and conviction imposed by the Sessions Court which is three months' jail and RM10,000 fine, in default, three months' imprisonment.

The jail sentence was ordered to run from yesterday.

The charge stated that the respondent had bribed a police sergeant of the Narcotics Department of RM500 as an inducement not to take a urine test on him at an entertainment outlet at Jalan Hj Karim Estate on September 30, 2007.

The respondent was defended by counsel James Tsai.

Print Friendly

Man fined RM2,000 for slapping wife over girlfriend

Posted: 28 Feb 2014 09:38 AM PST

KOTA KINABALU: A store helper was fined RM2,000, in default four months in jail by the Magistrate's Court here yesterday for slapping his wife.

Deputy registrar of the High Court Ryan Sangiraan Rayner Jr was told that the husband pushed and slapped his wife until she fainted.

The husband resorted to pushing and slapping his wife after she threatened to meet his girlfriend.

Ryan imposed the fine on Sarinus Michael, 37, after he pleaded guilty to hurting his wife at a house at Taman Sepanggar in Manggatal on February 18.

He was convicted under Section 323 of the Penal Code which carries a maximum jail of two years or a fine or with both, upon conviction.

Prosecuting officer Inspector Syahrin Ali told the court that the incident happened when his wife intended to meet a woman whom her husband had an affair.

The accused became angry when he came to know about that.

The accused then slapped his wife and pushed her until she fell to the floor and fainted. Their nine-year child then called an ambulance to take the victim to hospital.

In mitigation, the accused who was unrepresented pleaded for a light sentence.

Deputy public prosecutor Chan Qin Yee pressed for a deterrent sentence as this case involved domestic violence against women.

Print Friendly

Remention of Alvin-Vivian case on April 14

Posted: 28 Feb 2014 08:52 AM PST

KUALA LUMPUR: The Sessions Court yesterday scheduled April 14 for the remention of the case against controversial bloggers Alvin Tan and Vivian Lee who face three charges of ridiculing Muslims during the Ramadan month.

Judge Murtazadi Amran set the date after Deputy Public Prosecutor Wan Shaharudin Wan Ladin told the court that the decision for the couple's appeal to drop the charges against them had been fixed for April 10 at the Court of Appeal.

"The couple filed an appeal at the Court of Appeal to drop the charges under Section 298A(1)(a) of the Penal Code after the High Court here dismissed it," he said.

Earlier on, the court had allowed the application of the duo's lawyer Adilah Kamarzaman to exempt her clients from being present in court for the remention on April 14.

On Nov 21 last year, the High Court had dismissed the application of Alvin whose real name is Tan Jye Yee, 25, and Vivian or Lee May Ling, 24, on the grounds that the charges were lawful and not in conflict with the Federal Constitution.

Tan and Lee are accused of uploading a picture of them eating 'bak kut teh', accompanied by a caption, 'Selamat Berbuka Puasa with bak kut teh' (fragrant, delicious and appetising) which was likely to stir interfaith conflict at a restaurant in Dang Wangi between July 11 and 12, 2013.

The couple are also jointly charged under the Incitement Act 1948 with publishing inciting content, namely the same picture and caption on their Facebook link https://www.facebook.com/alvivi.swingers at Kompleks Mutiara Jalan Ipoh, Batu 3 1/2 here.

The third charge under the Film Censorship Act 2002 involves the posting of pornographic pictures on http://alviviswingers.tumblr.com/, between July 6 and 7 at the same place. — Bernama

Print Friendly

DAP’s move reflects ignorance of law and constitution

Posted: 27 Feb 2014 09:11 AM PST

KUCHING: The move by some state DAP leaders to file court injunction to stop outgoing Chief Minister Pehin Sri Abdul Taib Mahmud from being appointed Head of State is said to be a reflection of their ignorance about the law and constitution of the country.

Deputy Speaker of the State legislative Assembly Datuk Roland Sagah said it was clearly stated in the federal constitution that the appointment of the Head of State was the discretion of the Yang di-Pertuan Agong.

"So filing court injunction over the appointment of anyone as head of state is truly a sign of disrespect for the Yang di-Pertuan Agong and the constitution," he said.

Sagah, who is Tarat assemblyman, told reporters this after a media conference conducted by DUN speaker Datuk Amar Mohd Asfia Awang Nassar at the DUN building here yesterday.

He (Sagah) was asked to comment on the action by Padungan assemblyman Wong King Wei who tried to seek a court order to stop Taib from becoming the new Head of State to replace Tun Datuk Patinggi Muhammad Salahuddin whose term expires today.

The DAP leaders however failed in their bid when the High Court here dismissed their application without cost.

Taib is scheduled to receive his letter of instrument from Yang di-Pertuan Agong to be the next Head of State today.

Taib, 78, is the second chief minister to be appointed Head of State after Tun Abdul Rahman Yaakub after his retirement from politics.

Print Friendly

Court dismisses rep’s ex-parte injunction

Posted: 27 Feb 2014 09:10 AM PST

KUCHING: The High Court here yesterday dismissed an ex-parte injunction application made by Padungan assemblyman Wong King Wei to prohibit Pehin Sri Abdul Taib Mahmud from accepting the appointment of Head of State.

Judge Chew Soo Ho dismissed the application without cost. State Attorney General Datuk JC Fong, who represented the state government, said the case was the first of such kind brought to the court.

When pressed for comment, Wong said the dismissal was made on judicial grounds; that the court did not have any jurisdiction on the appointment of head of state.

"It is the sole discretion of Yang di-Pertuan Agong to appoint the head of state," he said, adding that the judiciary was not interfering with the matter.

He also said the court had decided that it was still premature for a decision to be made on the alleged involvement of Taib in commercial enterprise.

Wong had on Tuesday filed a last-minute writ of summons to prohibit Taib from accepting the head-of-state post, alternatively if already appointed, Taib should step down or remove himself from the post and a declaration that the defendant had violated Article 6(5) of the State Constitution for actively engaging in commercial enterprises.

The ex-parte injunction was filed on Wednesday and on Tuesday Wong filed a writ of summon over the same matter. On the ground of the defendant engaging in commercial enterprise, Justice Chew said that it was still premature to make a decision on the matter.

"Taib may relinquish his involvement in commercial enterprises after accepting the head-of-state post."

He said that based on the state's constitution "the governor should not actively engage in commercial enterprise once he has been appointed head of state".

To this, Wong said: "The court also said that if the defendant were to be appointed head of state there is a real risk that there will be a violation."

"I thus urge Taib to take the court's advice to make sure that he is clean as the head of state.

He also urged Taib to declare his interest or relinquish his commercial interest before he accepts the new appointment. Asked whether he will appeal the decision, Wong said it was impossible due to time constraint as his (Taib) appointment would be made this Saturday.

Taib was represented by a team of lawyers led by Sim Hui Chuang while Wong appeared for himself with assistance from Clement Wong and Alex Ngu.

Print Friendly