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July trial for man over father’s death BorneoPost Online | Borneo , Malaysia, Sarawak Daily News » Court - New 2 Sarawak

July trial for man over father’s death

Posted: 04 Apr 2014 08:13 PM PDT

by Amy Dangin. Posted on April 5, 2014, Saturday

KOTA KINABALU: The Sessions Court here yesterday set July 7 to 9 for the full trial of a mentally-disordered man who is charged with causing the death of his father.

Judge Ummu Khaltom Abd Samad decided on the trial taking into consideration the fact that the accused, Kennedy Oding, was not fully conscious of his action when committing the act that caused his father's death, albeit pleading guilty for the offence.

Kennedy was accused of causing the death of 84-year-old Oding Lumping on November 22 last year at 11.45pm at a grocery shop in Tutuwon, Pitas.

Based on the facts of case, on November, 2013, at 11.15am, the Pitas police station received a call from a medical assistant from Hospital Pitas, informing that Oding had died due to internal bleeding in the abdominal area, believed to be beaten by his son.

Following the phone call, Kennedy was detained at 1.30pm the same day at Kampung Tutuwon, Pitas.

According to the police report lodged by the deceased's wife, Itong Malong, who is the accused's stepmother, on November 22, 2013, at 11.45am while she was taking a nap with the deceased at the grocery shop, the accused suddenly showed up in anger and kicked open the door.

Kennedy then asked for a machete from his father and said that he wanted to slash his mother.

The incident turned chaotic as the accused started to punch his father's face, strangled his neck, then kicked and stepped on his abdomen repeatedly until he fell to the ground in front of the shop.

Itong had tried to pull the deceased away during the commotion but the accused continued to punch his face. The accused then left to walk back to his house which was near the grocery shop where the chaos took place.

Itong then took the deceased to hide behind nearby bushes, but he came out as he was in extreme pain and sought help from the villagers who then took him to Hospital Pitas.

However, the deceased was declared dead on November 23, 2013, at 10.43am at the hospital, and post-mortem results showed that the cause of death was traumatic intra-abdominal injury.

The accused was then sent to Hospital Mesra Bukit Padang, according to the laws stipulated under Section 342 of the Criminal Procedure Code and Forensic Psychiatry Consultant to verify that the accused suffered from Schizoaffective Disorder but had been confirmed to be fit to plead and stand trial.

Kennedy was charged under Section 304 of the Penal Code, which carries a jail term of up to 10 years, in default, a fine or both upon conviction.

Meanwhile, during the hearing at the court yesterday, Ummu had asked the accused: "Were you aware of your actions when committing the offence?"

"I don't know how my father died but maybe it is true that I had done it. Maybe I was not in a rational state when I committed it," replied the accused.

Deputy public prosecutor Afzan Abd Kahar will be calling 15 witnesses to testify on the case.

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Man denies robbing money changer’s employee

Posted: 04 Apr 2014 08:00 PM PDT

KOTA KINABALU: A 25-year-old local man pleaded not guilty at the Sessions Court here yesterday to an armed robbery charge.

Judge Azreena Aziz set May 5 for mentioning of the case and trial on August 14 to 15 for the unrepresented accused.

The court had allowed for the accused to be released on RM10,000 bail with two local sureties. He has to report monthly at the nearest police station.

Rashid was charged with using a knife to rob a money changer's worker, aged 38, at the Kota Kinabalu International Airport Terminal Two on March 23, at 5.15am.

He allegedly relieved the victim of RM100 cash and 4,000 Yuan, 4,000 Hong Kong dollars, two smartphones as well as personal documents including a MyKad, a driving licence and bank cards.

The offence, framed under Section 392/397 of the Penal Code, carries a jail term of up to 14 years, fine, and whipping upon conviction.

Deputy public prosecutor Afzan Abd Kahar will call eight witnesses to testify.

Meanwhile, the court ordered for the bail money of a man charged with two counts of attempting to rape an underage girl, to be confiscated.

Judge Ummu Khaltom Adb Samad made the decision after Mohd Jefry Puasah failed to show up in court for three times.

The surety, who is also the father of the accused, had turned up in court to inform them that his son could not to be contacted and had not returned home for two months.

The court, however, was not satisfied with the reason given and the surety's effort to ensure the accused's attendance in court.

Therefore, the court had ordered for the RM8,000 deposit out of the RM15,000 bail for the accused, to be confiscated.

Mohd Jefry had been charged with trying to rape a 14-year-old teenage girl on May 21, 2012, at 3pm, at a hut and the second time on May 23, 2012, at 7am at an unnumbered house in Pasir Putih, Ulu Sipitang.

He was charged under Section 375 (g)/511 of the Penal Code for the offence, which he could also be charged under Section 376 of the same Code.

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Gallows for 35-year-old drug trafficker

Posted: 04 Apr 2014 10:40 AM PDT

SIBU: The High Court here yesterday convicted a 35-year-old man of drug trafficking and sentenced him to be hanged to death.

Ling Haw Cheun was charged under Section 39B of the Dangerous Drug Act 1952, which carries the mandatory death sentence.

He was called to enter his defence in January.

In passing sentence yesterday, Justice Supang Lian said the defence had not raised a reasonable doubt in the case for the prosecution.

"The prosecution has thereby proved its case against the accused beyond reasonable doubt.

"Accordingly, the accused is found guilty of the charge of trafficking and I convict him on it.

"He is sentenced to the only punishment mandated by law, and that is, to be hanged by the neck until he is dead," she said.

Ling was arrested at 9am on July 25, 2012 at the bus terminal in Pahlawan Road for carrying 184.88 grams of Methamphetamine.

A subsequent urine test for drug proved positive.

The police said then that the man had a record of drug offences.

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Man jailed 15 years, caned 18 strokes for rape of minor

Posted: 04 Apr 2014 10:40 AM PDT

KUCHING: A 40-year-old resident of Kampung Semenyih at Mile 15 along Kuching-Serian Road was sentenced to 15 years' imprisonment plus 18 strokes of the rotan after he was found guilty of raping a minor by the Sessions Court here yesterday.

Leslie Jones had committed an offence under Section 376 (2) (d) of the Penal Code when he raped his then 12-year-old niece in a bush at Kampung Sebenyis, Mile 15, Kuching-Serian Road, at 3pm on Oct 24 last year.

According to the facts of the case, the 12-year-old victim together with a younger cousin were walking back home from school at about noon on the day of the incident.

The two girls were startled when they bumped into their uncle (Leslie) who suddenly hugged the victim.

The younger cousin then quickly ran home to seek help from the victim's sister.

It was during this time that Leslie dragged the victim into a bush and raped her.

He also pulled off the victim's 'tudong' and gagged her so she could not scream for help.

After the rape, the victim ran home but was found by her elder brother who immediately brought her back home.

Medical report from the Sarawak General Hospital confirmed there was a tear on her hymen.

Chemical report also confirmed that DNA on the victim's clothing belonged to Leslie.

Leslie also admitted in his statement to the police that he had raped the victim because he "liked her".

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Driver jailed, caned for raping lover’s underage daughter

Posted: 03 Apr 2014 06:08 PM PDT

by Natasha Sim. Posted on April 4, 2014, Friday

KOTA KINABALU: The Sessions Court here yesterday sentenced a driver to 11 years' jail and two strokes of the cane for having sex with his girlfriend's underage daughter.

Muhammad Izzan Faris Orimpot, 31, pleaded guilty before Judge Ummu Khaltom Abd Samad to a charge of raping the 15-year-old girl at the worker's quarters in an oil palm estate in Jalan Bangau, Kimihang, Kudat, on March 15 this year.

The statutory rape charge under Section 376 (1) of the Penal Code carries up to 20 years' jail and whipping upon conviction.

The facts of case stated that the sexual relationship between the accused and the victim had been consensual. However, a report was still lodged by the victim's 35-year-old mother.

The mother, who is a complainant in this case, had found out about the illicit affair when she confronted her daughter and the accused, after observing the two being alone together often.

It was further revealed that the accused had expressed his intention to marry the complainant.

The victim also admitted that she had feelings towards the accused and said that she was never coerced into having sex with the accused, who stayed with both mother and daughter.

The complainant made the decision to report the case as she did not wish for the act to continue.

In meting out the sentence, Ummu had taken into consideration the nature of the offence and the rampancy of rape involving underage victims in Sabah.

She also said the sentence serves to deter would-be offenders.

In his mitigation, the accused said that he was a first-time offender and had given full cooperation to the police during investigation.

Deputy public prosecutor Afzan Abd Kahar prosecuted while the accused stood unrepresented.

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Snipers told to shoot Sulu gunmen from 300 metres

Posted: 03 Apr 2014 06:08 PM PDT

by Suraini Andokong. Posted on April 4, 2014, Friday

KOTA KINABALU: The High Court here yesterday heard that Malaysian VAT 69 snipers were instructed to shoot at the Sulu gunmen from the distance of 300 meters.

Inspector Rosli Wahab told Justice Stephen Chung that he gave the instruction to some snipers to fire at seven to eight gunmen who were at the left side of the snipers' area.

"I instructed my personnel to fire at the gunmen after they were seen running hurriedly towards one of the areas of responsibility and to fire shots at that area," he explained when under examination-in-chief by deputy public prosecutor Datuk Abdul Wahab Mohamed.

Apart from that, he also said he ordered the other snipers who were at their right side to fire shots to the water points which the Sulu gunmen were guarding.

He explained that there were eight snipers at Kampung Tanduo's Felda Sabahat 17 'rumah kongsi' who were divided using the buddy system and each shooter had a spotter at a distance of 30 feet.

To a question by Abdul Wahab, the witness testified that before the shooting took place between them and the enemies, they heard repeated gun fires at their left side believed to be a skirmish between the Malaysian commandos and the Sulu gunmen.

When asked by Abdul Wahab whether the gunmen returned fire to his sniper team, Rosli answered: " Yes."

He said the shootouts between the left and right snipers and the gunmen lasted about 15 minutes and four minutes, respectively.

Rosli was the 20th witness called by Attorney-General Tan Sri Abdul Gani Patail to give his oral evidence against the 29 accused persons including the nephew of the late self-styled Sulu Sultan III, Datu Jamalul Kiram, who were alleged to have committed terrorism activities at several places in Lahad Datu, Semporna and Sandakan between February 12 and April 10, 2013.

The accused persons face the mandatory death sentence while the rest provide for life imprisonment and a fine, upon conviction.

To another question by Abdul Wahab, Rosli said after the shootouts, he used binoculars to observe the Sulu gunmen and found that one of the gunmen was lying motionless, believed shot by Malaysian snipers.

Meanwhile, he said the other snipers informed him that they had shot two gunmen near one of the water points.

"However, we did not check the area because the situation was still dangerous for us.

"On the same day on March 1, 2013 at about 6.30pm, we retreated 100 meters back, and on the next day at 6am, I instructed my men to take the same position as on March 1, 2013," he said.

To another question by Abdul Wahab, he said on that day they saw three to four gunmen at one of the water points but the snipers did not shoot at them as there was no specific instruction given to them for that day's assignment.

To another question, Rosli said on February 24, 2013, he received an instruction to go by boat to Tanjung Labian General Operation Force 17, for an assignment to monitor Sulu gunmen from the beach area.

"From a position of 1,000 meters we saw a 'surau' and a big boat near a river estuary at Kampung Tanduo.

"We were equipped with binoculars and range finders, and saw several gunmen with camouflage print uniforms armed with long-barreled guns looking at us," he recalled.

Abdul Wahab asked: "Did anything happen?"

Rosli answered: "Nothing happened."

He further said after observing the area and found nothing happening, they were then instructed to return to VAT 69 Commando tactical base at Felda Sahabat 16.

He added that the Malaysian snipers entered the 'rumah kongsi' on February 16 at about 11pm for their observation task and every four days the snipers would change duty.

The trial continues today.

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