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Verdict today for remand order application on Pakistani trader BorneoPost Online | Borneo , Malaysia, Sarawak Daily News » Court - New 2 Sarawak

Verdict today for remand order application on Pakistani trader

Posted: 17 Mar 2014 11:13 AM PDT

by Suraini Andokong. Posted on March 18, 2014, Tuesday

KOTA KINABALU: The High Court here will deliver its decision today on an application for a remand order on a Pakistani trader, who was recently acquitted for causing the death of Norikoh Saliwa.

Justice Azhahari Kamal Ramli put off the decision on Amir Ali Khan Nawaty, 41, after hearing submissions from the prosecution and the defence.

Deputy public prosecutor Raja Zaizul Faridah Raja Zaharuddin has filed an application under Section 315 of the Criminal Procedure Code (CPC) for a remand order to be made against Amir, 40, pending the disposal of a prosecution appeal against the lower court's decision in acquitting him.

On February 12, this year, the Sessions Court discharged and acquitted Amir under Section 304 (b) of the Penal Code for allegedly committing culpable homicide not amounting to murder of Norikoh, 16, in a moving lorry at Jalan Km 2.8 Langkon, Kota Marudu between 11am and 12.30pm on November 25, 2012.

The indictment is punishable with up to 10 years' imprisonment or with a fine, or both.

The lower court also ordered Amir to be referred to the Immigration Department for further action as his passport has expired.

Raja Zaizul Faridah submitted that Section 315 of the CPC empowers the court to exercise its discretion either to commit the respondent (Amir) to prison or grant him bail pending the hearing of appeal. However, she said, that in this application, the respondent is a foreigner without a valid travel document, it is therefore undesirable for the court to release him on a bail pending the hearing of the appeal.

She said that a remand order to commit him to prison should be granted in order to secure his attendance during the hearing of the appeal.

The appellant also stressed that they had no power to stop the Immigration Department from deporting Amir and that is why they are making this remand application against Amir.

In reply, counsel Dato' Rakhbir Singh for Amir contended that it is not a Section that gives a right to place an acquitted person in remand pending appeal by the prosecution.

Under Section 315 of the CPC, it says that when an appeal is presented against an acquittal, a judge may issue a warrant directing that the accused be arrested and brought before him, and may commit him to prison pending the disposal of the appeal or admit him to bail.

He argued that under Section 388 of the CPC, it says that when any person accused of any non-bailable offence is arrested or detained without warrant by a police officer or appears or is brought before a court, he may be released on bail by the officer in charge of the police district or by that court, but he shall not be so released if there appears reasonable grounds for believing that he has been guilty of an offence punishable with death or imprisonment for life. There are no reasonable grounds for believing that the accused has committed a non-bailable offence.

Rakhbir further submitted that the respondent's passport as well as his "pass jaminan isteri" expired while the respondent was in remand pending completion of his trial under Section 304 (b) of the Penal Code.

He added that the respondent has been in Malaysia since 2002 after marrying a Malaysian woman.

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Woman jailed for possessing 200 detonators

Posted: 17 Mar 2014 11:08 AM PDT

Posted on March 18, 2014, Tuesday

TAWAU: A 50-year-old woman was sentenced to 18 months' jail by a Magistrate's Court here yesterday to possession of 200 detonators.

Magistrate Suhaila Selag meted out the sentence on Geriana Gembong who pleaded guilty to the charge under Section 33 of the Weapons Act 1960.

The accused was charged with committing the offence on March 10 at about 8.40am at Sabindo Batu-Batu area here.

Marine police were conducting surveillance in the area when they detained the suspect who was behaving suspiciously and found the detonators wrapped in sanitary towel wrappers inside her bag.

Prosecuting officer Inspector Murul Hafidz Mohd Derus prosecuted the case.

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Filipina jailed three years for child neglect

Posted: 17 Mar 2014 11:07 AM PDT

TUARAN: The Magistrate's Court here yesterday sentenced a foreign woman to three years' jail for neglecting her child who has passed away.

Fillipina Luchille, 24, had pleaded guilty before magistrate Herlina Muse to neglecting her two-year-old daughter between December 2013 and February, 2014, at a home in Kampung Berungis, Tuaran.

The charge under Section 31 (1) (a) of the Child Act 2001 is punishable with a fine of up to RM2,000, or a jail term of up to 10 years, or both, upon conviction.

According to the facts of case, the victim was sent to the hospital unconscious on Feb 28, and passed away on the same day.

It was found through post-mortem that the victim suffered from, among others, injuries on her right thigh, mouth, nose, bruises on her face and skull fractures.

In mitigating for a lenient sentence, the accused said that she was not gainfully employed and had committed the offence due to emotional stress.

In reply, prosecuting officer Inspector Azaman Hamat pleaded for a heavy sentence as the accused had the responsibility to protect her own child.

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Man gets 10 years’ jail, cane for raping teenager

Posted: 14 Mar 2014 11:04 AM PDT

by Winnie Kasmir. Posted on March 15, 2014, Saturday

SANDAKAN: The Sessions Court here yesterday sentenced a young man to 10 years' jail and two strokes of the cane for raping a teenage girl three years ago.

Wellex Hing Anyoh Wing On, 21, was found guilty before Judge Egusra Binti Ali on two counts of rape under Section 376 (1) of the Penal Code which carry a maximum penalty of 20 years imprisonment and whipping upon conviction.

The court ruled that the accused had failed to raise reasonable doubts on the prosecution's case and the prosecution had proved its case beyond reasonable doubt.

In the first charge, Wellex allegedly raped the victim inside the victim's room at Ulu Dusun, Mile 30 around 4.30pm on 18 February, 2011.

For the second charge, he allegedly repeated the offence at the same place around 5pm on 27 February, 2011.

According to the victim, she was forced to have sexual intercourse with the accused who lived at the same housing area with the victim.

After the first rape, the accused put a death threat on the victim in case the victim told others about the incident. As a result no one was aware of the incident.

Unfortunately, that incident was not the last. The same incident happened to her again on 27 February, 2011.

However, the incidents were discovered by the victim's mother when the victim complained to her of stomach pain. Upon questioning by her mother and brother, the victim then informed them that she had been raped by the accused.

After a police report was lodged, the victim was referred to Hospital Duchess of Kent and the doctor affirmed that the victim was 32 weeks pregnant.

On 15 October 2011, the victim gave birth to a baby boy. The blood sample from the accused and the baby were taken for DNA comparison and according to the DNA report, the baby belongs the accused and the victim.

Seven witnesses were called by prosecutor while defence had called four witnesses. The case was prosecuted by Deputy Public Prosecutor Mohd Fillanny Bin Siji.

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Man gets 3 years for house-breaking

Posted: 14 Mar 2014 10:57 AM PDT

KUCHING: A 41-year-old man was sentenced to three years' jail by the Magistrate Court here after he pleaded guilty to a house-breaking charge yesterday.

Su Chu Seng, who appeared before Magistrate Zulhairil Sulaiman, admitted breaking into a house in Siburan last March 9 at 8.15pm.

He was convicted under Section 457 of the Penal Code, which provides for a maximum 14 years' jail and shall also be liable to a fine upon conviction.

Su requested to serve jail time in Sri Aman.

In the same court, Mohd Ridzuwan Aris, 23, was sentenced to five months' jail and fined a total of RM1,100 in default 30 days jail after he pleaded guilty to three charges.

On the first charge, he was sentenced to five months' jail for stealing a component of a heavy machinery worth RM400 at a house in Jalan Datuk Stephen Yong here last March 9 at 12pm.

He was convicted under Section 379 of the Penal Code, which provides for a maximum jail term of seven years or a fine, or both.

On the second charge, under Section 447 of the Penal Code, he admitted to trespassing into the house at Jalan Datuk Stephen Yong, and for that he was fined RM800 in default 20 days jail.

On the third charge under Section 25(n)(1) of the National Registration Regulations 1990, he was fined RM300 in default 10 days jail for failing to present his MyKad when police asked for it during his arrest.

Meanwhile, in the Sessions Court, a man pleaded not guilty to a robbery charge yesterday.

Judge Allaudeen Ismail fixed March 27 for pre-trial case management and June 23 and 25 for hearing.

Chiam Ming Howe allegedly robbed a woman of RM350 in cash at Taman Desa Wira here on March 2, 2014, at about 5.30pm.

The offence, framed under Section 395 of the Penal Code, provides for a maximum of 20 years' imprisonment and liable to whipping, upon conviction.

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Man remanded for threatening wife and family with harm

Posted: 14 Mar 2014 10:56 AM PDT

SARIKEI: A 34-year-old man from Bintangor who threatened to harm his wife and family was charged on Thursday in a magistrate's court here with criminal intimidation.

The accused, Mohammad Januar, was charged under Section 506 of the Penal Code.

He was alleged to have committed the offence at their house in Kampung Jalan Abang Amin, Bintangor, on the night of Feb 27 this year.

Due to the unavailability of the magistrate, the Court Registrar fixed the case for further mention on March 25 and ordered the accused to post bail in the sum of RM5,000 in two sureties, with RM2,000 to be deposited with the court.

As the accused was unable to post bail, he was ordered to be remanded in Sibu Central Prison pending next mention of the case.

Prosecuting officer Inspector Anbarasu Gobi told the court that the accused's wife had lodged a report on Feb 27 night claiming that around 8pm that night the accused had returned to their house in a drunken manner and threatened to kill her and other family members apart from threatening to burn their house and a trading
stall.

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