Filipino denies murdering countryman BorneoPost Online | Borneo , Malaysia, Sarawak Daily News » Court - New 2 Sarawak |
- Filipino denies murdering countryman
- ‘Forces retaliated to shots by intruders’ By Nur Adika Bujang
- Bus driver involved in Bentong fatal accident pleads not guilty to consuming morphine
- Ulu Sebangan folk get to retain ownership of NCR land
- Hawker walks out a free man
- Commando shot in head during firefight, Sulu gunmen trial heard
| Filipino denies murdering countryman Posted: 16 Apr 2014 10:05 AM PDT KOTA KINABALU: A Filipino construction worker pleaded not guilty to murdering his countryman before the High Court here yesterday. Arjie Saremio, 26, denied the charge, which was read to him in the Visayan dialect, before Justice Ravinthran Paramaguru who, then fixed May 15 this year for pre-trial case management. The accused was alleged to have murdered one Roldan, an immigrant without any documents, on Jan 24, this year at a construction site in Kampung Sinsuron, Tambunan. The charge, framed under Section 302 of the Penal Code, carries the mandatory death penalty upon conviction. Deputy public prosecutor Chow Siang Kong prosecuted while the accused was represented by Datu Baginda Datu Laja. In a separate case, Justice Chew Soo Ho fixed April 29 to hear the prosecution's appeal against local restaurant manager Riduan Masmud. On Feb 2 this year, the lower court sentenced Riduan, 41, to 12 years' jail and two strokes of the cane for raping a 13-year-old girl, whom he then took as his second wife. The statutory rape offence under Section 376 (1) of the Penal Code carries a maximum of 20 years'jail and whipping, on conviction. The Sessions Court found him guilty of raping the then 12-year-and-six-month-old girl inside a car by the roadside near the Kionsom Waterfall in Inanam about 10am on February 18, 2013. Riduan is currently on a stay of execution, pending disposal of the appeal.   |
| ‘Forces retaliated to shots by intruders’ By Nur Adika Bujang Posted: 16 Apr 2014 10:02 AM PDT KOTA KINABALU: The High Court here yesterday heard that a security forces team conducting a cut-off operation to prevent intruders from fleeing Kampung Tanjung Labian, Lahad Datu on March 6, last year retaliated to shots fired by a couple of intruders. Major Mohd Afandi Yusuf, attached to the Malaysian Armed Forces (MAF) based in the Lok Kawi Camp near here said his team were fired upon after one of his team members shouted 'musuh' (enemy), on seeing the intruders approaching them at a distance of about 50 metres. "My team was approached by three or four intruders in civilian clothes, with one of them brandishing a machete with his right hand. The others, I could not clearly see (what they were carrying). "At a distance of 30 metres, one of my team members shouted 'musuh' and gunshots came in our direction. That was when we saw one of the intruders carrying a long barrel firearm and shooting at us," he said. The prosecution's 23rd witness, who was also the first army personnel to testify in the trial, said during the shootout, which lasted 15-20 minutes, the intruder holding the machete fell to the ground while the others escaped. Asked by deputy public prosecutor Datuk Abdul Wahab Mohamed on what action was taken subsequently, Mohd Afandi said he informed his commanding officer, Lieutenant Colonel Adi Riduan Abdullah, via radio communication, of the shootout and requested for reinforcement, by way of dispatching Armoured Personnel Carriers (APC). "Not long after that, two APCs led by Lieutenant Colonel Adi Riduan arrived and were shooting in the direction where the intruders had come from," he said. After the APCs stopped shooting, Mohd Afandi said he and Adi Riduan went to inspect an area about 100 metres away and found the body of an intruder with head injuries. He also said a machete and a black bag containing clothes and food were found next to the body. During cross-examination, Mohd Afandi said he and his team were on an elevated ground of about 10 metres, upon arriving at their operation area on March 6 last year. "Do you agree with me that from a tactical perspective, you were on higher ground, (and thus) you had an advantage over the enemy who were on lower ground,?" asked counsel Datuk N Sivananthan, to which Mohd Afandi agreed. However, he disagreed with counsel that the only reason the intruders knew of the location of his team, which comprised the MAF and VAT69 Commandos, was because one of his team members had shouted 'musuh'. "He (team member) shouted 'musuh' so that our team could be on guard for any eventuality," he explained. Thirty people, comprising 27 Filipinos and three local residents, are being tried in the case, in which 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 before Justice Stephen Chung at the Sabah Prisons Department continues today. — Bernama |
| Bus driver involved in Bentong fatal accident pleads not guilty to consuming morphine Posted: 16 Apr 2014 10:01 AM PDT BENTONG: The driver of the double-decker express bus which was involved in an accident that claimed the lives of three passengers at KM11 Jalan Bentong-Raub on Saturday, was charged in the Magistrate's Court yesterday with consuming morphine. Wan Khairul Efendi Wan Mustapa, 35, who hails from Bachok, Kelantan, was accused of ingesting morphine into himself based on the results of urine tests conducted on him by the police shortly after he was detained following the accident. He was charged under Section 15 (1) (a) of the Dangerous Drugs Act and is liable to be jailed up to two years or fined a maximum of RM5,000 or both, if convicted. Wan Khairul Efendi, who was represented by counsel Azizzul Shariman Mat Yusoff, however, claimed trial and was granted bail at RM2,000. Magistrate Mohd Isa Mohd Nor fixed May 19 for re-mention. Inspector Anuar Afindi appeared for the prosecution. The accused was however re-arrested by the police outside the court to assist investigations into the accident under Section 41 (1) of the Road Transport Act. A couple, Saeed Mohamad Mohamud Abdalla, 31 (a Somali national), and his Malaysian wife Zarifah Alias, 26, an another passenger, Suhaisam Che Abdulla, 33, were killed in the accident while 10 other passengers sustained injuries. — Bernama |
| Ulu Sebangan folk get to retain ownership of NCR land Posted: 16 Apr 2014 09:59 AM PDT KUCHING: The Court of Appeal yesterday dismissed the government's appeal to reverse a High Court's decision which ruled that 15 respondents are the rightful owners of a land in Ulu Sebangan, Simunjan. The three-judge panel comprising Datuk Mohamd Ariff Md Yusof, Datuk Rohana Yusuf and Datuk Dr Hamid Sultan Abu Backer affirmed the High Court's decision that the respondents had the legal status of the customary right and dismissed the appeal with cost of RM10,000. Cross appeal made by the respondent was also dismissed with cost of RM5,000. The villagers had, on May 21, 2012, won the suit against the plaintiffs for encroaching into their NCR land of 3,305 hectares. They filed the suit on Nov 1, 2010 seeking the declaration of ownership over their land besides seeking compensation for loss and damages as a result of alleged illegal logging activities and the construction of logging roads. The villagers claimed that their land was damaged as a result of the construction of roads and extraction of timber from the land, which was not a licensed area. They said their rivers were also polluted which badly affected their farms, and hunting and fishing grounds. Baru Bian represented the respondents while State Legal Counsel Joseph Chioh represented the plaintiffs. |
| Posted: 16 Apr 2014 09:48 AM PDT by Anasathia Jenis, reporters@theborneopost.com. Posted on April 17, 2014, Thursday KUCHING: A hawker walked out a free man after a Court of Appeal yesterday discharged and acquitted him from life imprisonment and six strokes of the cane for kidnapping a man three years ago. Judges Datuk Mohamd Ariff Md Yusof, Datuk Rohana Yusuf and Datuk Dr Hamid Sultan Abu Backer made a unanimous decision to allow 35-year-old Chong Boon Sim's appeal on the ground that there was contradiction in the evidence. The High Court sentenced him on April 24, 2012. Among others, his defence counsels Roger Chin and Lim Heng Choo told the court yesterday that the case was defective as it had referred to two persons yet to be arrested but actually there was only one person who was still at large. They said another person who had been arrested was never called as a witness. The counsels also submitted that the ransom, as stated in the charge sheet, was for the purpose of releasing the victim but in the witness testimony, it was meant for the killing. Boon Sim, from Kampung Lintang, was said to be involved in the kidnapping of Chong Chun Ming at about 5.30pm on Feb 7, 2010 and at allegedly demanded a RM200,000 ransom from his family. Boon Sim was charged under Section 3 of the Kidnapping Act 1961. In the same court room, an Indian national man walked free after he was also discharged and acquitted from a charge of possessing 5.796kg Ketamine two years ago. Mohammed Sulaiman Sahulhameed was initially sentenced to death by a High Court. Yesterday, Sulaiman, who was represented by counsel CM Sundram had his appeals against the death sentence allowed on the ground that he did not know the existence of the drug which was kept in a television set when he arrived at Kuching International Airport at about 10.15am on May 17, 2009. He was charged under Section 39B(1)(a) of the Dangerous Drugs Act 1952 (Act 234) and punishable under Section 39B(2) of the same code which carries the mandatory death penalty upon conviction. |
| Commando shot in head during firefight, Sulu gunmen trial heard Posted: 15 Apr 2014 09:55 AM PDT by Suriani Andokong. Posted on April 16, 2014, Wednesday KOTA KINABALU: The High Court here heard that one of the VAT 69 commandos assigned to carry out Ops Daulat on March 1, 2013 at their responsible area at Kampung Tanduo was severely injured, allegedly shot by the Sulu gunmen. ASP Bingkok AK John yesterday told Justice Stephen Chung that he came to know that the late Corporal Sabaruddin Daud was seriously injured in the head after a one-hour shootout between Malaysian commandos and the Sulu gunmen had ended. "I did not see the gunmen shooting at him, I only saw Sabaruddin, who was taking cover next to an oil palm tree where I was taking cover but at that time he was lying face down," recalled the 22th witness during examination-in-chief by deputy public prosecutor Datuk Abdul Wahab Mohamed. In recalling the moment, he explained that at that point of time he thought that Sabaruddin was taking cover instead of thinking that his fellow colleague was injured. Bingkok was giving his oral evidence against the 29 accused persons, including the nephew of the late self-styled Sulu Sultan III, Datu Jamalul Kiram, believed to be the man behind the intrusion in Kampung Tanduo, Lahad Datu. The accused were charged with committing terrorism acts at several places in Lahad Datu, Semporna and Sandakan areas between February 12 and April 10, 2013. If found guilty they face the mandatory death sentence while the rest provide for life imprisonment and a fine upon conviction. The trial which entered its fourth month since January 6 this year, was held at a hall doubled as an open court at Kepayan prisons here under tight security checks by the prison and police personnel. To a question by Abdul Wahab, Bingkok said that they were at the area of responsibility called "Sector B" led by Superintendent Macha AK Ata and he was one of the patrol leaders in that team. He also said that they entered "Sector B" about 3pm after receiving an instruction from Mancha for them to carry out reconnaissance work at that assigned area. To another question by Abdul Wahab, he testified that during the operation their team encountered with the gunmen who had shouted at them in Malay 'Tiger, get out from here; this is our land' (Tiger, berambus kau dari sini; ini bumi kami). The word 'Tiger' was referred to their team. "A few seconds after the gunmen shouted at us, they then fired shots repeatedly at us and my team had retaliated," he said, adding that before they returned fire at the enemies, he and his fellow commandos had taken cover at the nearest oil palm trees there. He said that the gunmen also fired grenade launchers at them but exploded at oil palm tree leaves where they were also taking cover. During cross-examination by Philippines Embassy assigned counsel Datuk N. Sivananthan, the witness agreed that when he and the team saw the 35 to 40 gunmen who were carrying firearms and dressed in camouflage uniforms, who were in a line and some were hiding behind the oil palm trees and bushes pointing and aiming their firearms at Malaysian commandos, it would necessarily imply that they could see Bingkok and the team. Sivananthan: Do you agree that at that moment the 35 to 40 gunmen could have shot at you and your team but they did not do so? Bingkok: I disagree. Sivananthan: But instead of shooting at you according to your evidence, you and your team had a few minutes to take cover behind the oil palm trees, correct? The witness answered: Yes. Sivananthan: And even after you and your team took cover, the next action on the part of the gunmen according to you was that they shouted out a warning to leave the area, is that correct? Bingkok: I agree. Sivananthan: In other words according to your evidence the Sulu gunmen commenced shooting at you and your team after giving you and your team an opportunity to find cover behind the oil palm trees? Bingkok: I disagree. Sivananthan: Do you agree with me that if the gunmen started shooting the moment they saw you and your team they would have had a great advantage? Bingkok: Yes. Sivananthan: In fact as things turned out you and your team suffered one casualty whilst the gunmen suffered 12 casualties, is that correct? Bingkok: Yes. Sivananthan: I put it to you that if the Sulu gunmen wanted to shoot you and your team they would have shot at you and your team the moment they saw you because that would have been the most advantageous moment for them and also would have minimised any casualties on their part. Bingkok: I disagree. He further disagreed to another suggestion by Sivananthan that in fact it was Bingkok and his team that had fired first and any shooting on the part of the gunmen was purely in self-defence. Sivananthan: I put it to you that it is completely illogical for the gunmen to give you and your team to find cover and to then shout out a warning if their intention was to shoot at you and your team at any cost. The witness: I disagree. Sivananthan: Do you agree that when one of the gunmen shouted out a warning he was in fact giving away his position to you and your team? Bingkok: I disagree. The prosecution was led by Attorney-General Tan Sri Abdul Gani Patail and assisted by deputy public prosecutors Abdul Wahab, Ishak Mad Yusoff, Mohd Dusuki Mokhtar, Cheng Heng Kher and Anati Kisahi. The counsel involved were Sivananthan, James Tsai, Stella Simon, Teressa Sirri, Zakaria Ahmad, Kamarudin Mohd Chinki, Ram Singh, YS Lo, Rowiena Rasid and Abdul Ghani Zelika. The trial continues today. |
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