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Man charged with threatening wife after she failed to answer 100 calls BorneoPost Online | Borneo , Malaysia, Sarawak Daily News » Court - New 2 Sarawak

Man charged with threatening wife after she failed to answer 100 calls

Posted: 28 Apr 2014 10:18 AM PDT

by Suraini Andokong. Posted on April 29, 2014, Tuesday

KOTA KINABALU: The Magistrate's Court here has deferred to May 5 this year the case of a local self-employed man charged with threatening his wife after she failed to pick up his calls more than 100 times.

Magistrate Zaiton Anuar adjourned the case of Eusebius Francis, 30, after the prosecution informed the court that the wife, who wishes to withdraw her report against the accused, was absent yesterday.

Prosecuting officer Inspector Lim Swee Beng informed the court that the instruction was for the wife of the accused to be present in court to tell the judge that she wanted to withdraw her report.

However, Lim said no one came to see him about this case and hence he applied for another mention date for this case.

The accused had pleaded guilty to making a verbal threat to his 25-year-old wife through a Short Messaging Service (SMS) from a department at the Urban Transformation Centre (UTC) building here at 10.30am on April 15.

The undefended Eusebius admitted sending an SMS to his wife with the words: "Saya kasi habis kredit saya walaupun kau tidak angkat, tapi selepas habis kredit saya, saya terpaksa cari kau sampai dapat dan kita mati sama-sama ok. Kau tunggu saya kasi hancur kereta kau, kalau ko pergi juga, saya pergi teriak kau punya pengarah. Cubalah kau cabar saya" (I will call you until I finish my phone's credit even though you did not pick up my calls, then I will find you until I get you and after that we die together ok. You wait I will smash your car, If you still want to go, I go and yell at your director, try and test me).

The offence for criminal intimidation framed under Section 506 of the Penal Code is punishable with imprisonment for a term which may extend to seven years or with fine or both upon conviction.

It was revealed during the proceedings that the accused had sent such SMS to his wife because he was emotionally upset after calling for more than 100 times but his wife did not pick up those calls.

According to the facts of the case, the accused had gone to his wife's office but she refused to meet him because she felt apprehensive in view of their misunderstanding.

The accused had alleged that his wife was having an affair with another man and had wanted to inform the person in charge of his wife (at work) that he (the accused) did not allow his wife to join any sports practice and to work overtime.

The accused then called his wife but she did not answer the calls. He then sent that SMS to her. They were reportedly having some marriage problem since 2012.

The accused is currently released on RM2,000 bail with two local sureties pending disposal of the case.

In a separate case, local Taib Balarie, 44, was fined RM25, in default, two days' jail by the same court for threatening a businesswoman.

The accused had pleaded guilty to a charge under Section 8 (1) (e) of the Minor Offences Ordinance which carries a maximum fine of RM25 upon conviction.

The accused had threatened the 23-year-old woman at Jalan Kurol Melangi at Kampung Likas here on April 18 by uttering the following words: "Kalau kau mahu kita bertetak" (If you want we can start chopping each other).

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Father gets 15 years, 12 strokes for raping daughter

Posted: 28 Apr 2014 10:13 AM PDT

by Natasha Sim. Posted on April 29, 2014, Tuesday

KOTA KINABALU: The Sessions Court here yesterday sentenced a local man to 15 years' jail and 12 strokes of the cane after he admitted to raping his 12-year-old biological daughter.

The 49-year-old accused admitted before judge Dean Wayne Daly that he had raped the victim on March 15, this year at a residential home in Beaufort, at around 10pm.

The offence is framed under Section 376 (3) of the Penal Code which carries imprisonment of between eight years and 30 years, and whipping upon conviction.

Based on the facts of the case, the victim claimed to have been raped since she was 10 years old. However, she could no longer remember the first incident.

Investigations revealed that the victim's mother was in Kundasang when the latest incident happened on March 15.

The victim was sleeping when she was abruptly awoken by the accused who was on top of her. She was also coerced into keeping silent.

The student of a boarding school had opened up to her two teachers about this incident, and with their help and the school principal, lodged a police report against the accused.

She is the third child in a family of six siblings. An early medical report also revealed that she had an old tear in her vagina.

In meting out his judgment, Dean said it was evident through the victim's impact statement that she sees her own father as a harmful figure.

He remarked that the accused had clearly breached his responsibilities as a father, and even more so, taken advantage of the helpless victim, as the incident happened in the absence of her mother.

He then agreed with the prosecution that the interest of the public must be considered in this case as the offence is contradictory to societal norms and values.

He said the punishment needs to illustrate the gravity of the offence and serve as a deterrent to any would-be offenders who share similar intentions.

The accused had mitigated for a lenient sentence. However, deputy public prosecutor Ahmad Nazneen Zullkifli had pleaded for a heavier, deterrent sentence.

He said that the rape was detrimental to the emotional and psychological health of the victim, and will remain a thorn in her personal history throughout her life.

Ahmad also said that there were no special circumstances for the court to sympathize with the accused on his offence despite his guilty plea.

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Court of Appeal overturns retiree’s rm1.43 mln award

Posted: 28 Apr 2014 09:02 AM PDT

PUTRAJAYA: A retiree lost a RM1.43 million award after the police and the government succeeded in setting aside a High Court decision in his favour for wrongful arrest and torture in 1998 at the Court of Appeal here yesterday.

A three-member panel led by judge Datuk Aziah Ali held that the High Court had erred in its findings when it ruled that Dickson Ng Sek Wah was unlawfully detained.

The panel, which also comprised judges Datuk Lim Yee Lan and Datuk Abang Iskandar Abang Hashim unanimously allowed the appeal to set aside the Nov 9, 2010 decision of the High Court in Shah Alam.

Justice Aziah also ordered Ng to pay RM1,000 in legal costs to the police and government.

Ng, 63, who represented himself, asked the judge to explain the court's decision in layman's term, which Justice Aziah complied.

She also told Ng to inquire as to whether he could appeal against the decision, from the lawyers present in court for other cases.

Ng had sued eight police officers, including the inspector-general of police and the government in 2000, claiming he was seriously injured during the period of detention.

He was allegedly detained for questioning over importing a submachine gun from Finland without a valid licence.

Ng, then with a forwarding company, claimed that he had only assisted another company in the import of the weapon as a sample to participate in an open tender called by the Home Ministry on behalf of the police.

In November 2010, the Shah Alam High Court allowed his claim and awarded him RM1.43 million.

Senior Federal Counsel Azizan Md Arshad had earlier submitted that High Court judge Hinshawati Shariff was erroneous in her findings that Ng was unlawfully detained.

He said there was a magistrates' court remand order issued in 1997 against Ng and the order was valid since it was not challenged or set aside by the court.

Azizan said the High Court judge had also erred when she awarded damages solely on the basis of a 2010 High Court decision in the case of former ISA detainee Abdul Malek Husin vs Borhan Daud, because that decision was reversed by the Court of Appeal.

Ng said he would bring the matter to the Federal Court. — Bernama

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