» »Unlabelled » Man with another person’s MyKad jailed BorneoPost Online | Borneo , Malaysia, Sarawak Daily News » Court - New 2 Sarawak

17:07:00

Man with another person’s MyKad jailed BorneoPost Online | Borneo , Malaysia, Sarawak Daily News » Court - New 2 Sarawak

Man with another person’s MyKad jailed

Posted: 02 Apr 2014 04:45 PM PDT

KOTA KINABALU: The Magistrate's Court here yesterday sentenced a self-employed man to four months' jail for using another person's MyKad.

Abdul Waris Mawita, 47, admitted to the offence before Magistrate Herlina Muse.

He was in possession of an identification card belonging to Masran bin Alm Hassan (870807-49-5391) at the departure hall of Terminal 2, Kota Kinabalu International Airport on the same day.

The charge under Section 25 (1) (o) of the National Registration Regulations 1990 carries a fine of between RM3,000 and RM20,000 or three years' jail or both, on conviction.

He was ordered to be referred to the Immigration Department upon serving his sentence.

Prosecuting officer Inspector Azaman Hamat prosecuted.

In another court, he faced a similar charge for having the MyKad of Wong Chee Min, with serial numbers: 640531-12-5159, at the Tanjung Aru Police Station on the same day.

However, he pleaded not guilty to this charge before Magistrate Zaiton Anuar who then set April 11 for case management.

Meanwhile, the same magistrate sentenced Jerry Abdul Halim, 30, to six months' jail for possessing a stolen Toyota vehicle belonging to a 60-year-old man at the car park of Bandar Kim Fung, Sandakan.

The charge under Section 411 of the Penal Code provides for a maximum five years' jail or with fine or both, on conviction.

The court also ordered Jerry to be referred to the Immigration Department at the completion of his sentence.

Prosecuting officer Inspector Syahrin Ali prosecuted both the cases.

Print Friendly

Local jailed, caned, fined for CBT

Posted: 02 Apr 2014 04:41 PM PDT

KOTA KINABALU: The Sessions Court here yesterday sentenced a local man to two years' jail and RM5,000 fine, in default, six months in jail for committing criminal breach of trust.

Judge Dean Wayne Daly also ordered Kilus Vitalis, 29, to be whipped once, after he pleaded guilty to the charge.

He admitted that he and four others, as employees of Syarikat Pembinaan Kekal Mewah Sdn Bhd, had misused company's property meant for road plastering works, for their own benefit, estimated at RM205.28.

The offence was committed on Sept 12, 2013, at around 2.20pm, within the premises of a TJS Asia Marketing Sdn Bhd, along Jalan Kionsom, Inanam.

The charge framed under Section 408 of the Penal Code carries not more than 14 years' jail, with whipping, and liable to a fine, upon conviction.

In mitigating for a lenient sentence, Kilus claimed to be first-time offender with a family to support.

In reply, deputy public prosecutor Nartiah F Mirchelle Sambatan asked for a heavier sentence considering that the accused had abused the company's trust and suffered losses.

The other accused persons, John @ Edwin Bakut, Neal Vince Daimon Jipanis Junior, Joanese Lombukun and Thomas Lombukun, aged between 21 and 41, all pleaded not guilty to the charge.

The court then set May 19, this year for trial and extended bail for all four persons.

Nartiah informed the court that the prosecution would be using Kilus as a witness during trial.

In another case, Mohd Nazib Wata, 29, was charged with robbing Fridaline Avy Mining, 23, and Henritta Bulugu, 24, at a room in Beringgis Beach Resort and Spa, Kinarut, Papar.

He allegedly intimidated the victims and then took a Sony digital camera, and two Samsung smart phones on March 16, this year, between 3am and 4am.

The charge under Section 392 of the Act provides for a maximum 14 years' jail and shall also be liable to a fine or to whipping, upon conviction.

The same court then fixed June 12 – 13 for his trial, and ordered for him to be further remanded, pending disposal of his case.

Print Friendly

Flasher jailed

Posted: 02 Apr 2014 04:40 PM PDT

KOTA KINABALU: The Magistrate's Court here yesterday sentenced a waiter to seven months in jail for exposing his private parts to an underage girl.

Magistrate Zaiton Anuar imposed the sentence on Mohd Azirin Odah, 30, after he pleaded guilty to a charge under Section 509 of the Penal Code provides for maximum five years' jail, or with fine, or with both, upon conviction.

He flashed his genitals at an 11-year-old girl at the kitchen area of a rented room above Restoran Era, in Tanjung Aru on Jan 15, this year.

According to the mother's child, who gave her statement in court here yesterday, the victim had run into her room, crying in fear when the incident happened.

She said her child had been traumatized by the events perpetrated by a man who was staying in the same building as them. She is now afraid to leave the home.

The court was told that the victim is scared of even going to school, and in one week, she would miss up to three school days.

She further said that the victim would also ask the mother to accompany her even to the bathroom.

Print Friendly

Outraging modesty: Doctor gets seven years’ jail, whipping

Posted: 02 Apr 2014 10:59 AM PDT

SHAH ALAM: The High Court here yesterday upheld the sentence of seven years' jail and two strokes of the cane imposed by a lower court on a doctor found guilty of outraging the modesty of his patient.

Judge Datuk Noor Azian Shaari made the decision after dismissing an appeal by Dr Ahmad Hisham Ahsan, 44, on a decision by the Kajang Magistrate's Court, dated Feb 8 last year.

In the judgement, Noor Azian said the sentence handed down by Magistrate Abdul Jalil Salam Muhamad was provided in the law and the court did not have to interfere in the decision.

"I found that if a doctor wants to attend to a patient of an opposite sex, they have to be accompanied by a third person," he said.

He likened the case to the Malay proverb 'harapkan pagar, pagar makan padi', where as a doctor, the accused should provide treatment to his patient.

"Therefore, the appeal is dismissed and the court upholds the conviction and sentence," he added.

Dr Ahmad Hisham was charged with outraging the modesty of his 19-year-old female patient by holding her breast at a ward of a hospital in Kajang between 3.15am and 4am on Dec 25, 2011.

He was also charged with committing the same offence by touching her private part at the same place, date and time.

The charges, under Section 354 of the Penal Code, provides a maximum imprisonment for a term of 10 years, or with fine, or with whipping, or with any two of such punishments, upon conviction.

According to the facts of the case, the woman was admitted to the ward at 9pm on Dec 24, 2011 for stomachache and the following morning, the accused, without being accompanied by a nurse, attended to her four times, during which he held her breast and touched her private part.

The victim then informed her parents about it and the father lodged a police report.

Dr Ahmad Hisham was represented by lawyer Ahmad Khushairy Mohd Tamsi, while deputy public prosecutors Suzana Abd Latif and Zuraida Wan Nawan, appeared for the respondents. — Bernama

Print Friendly

Commando says he was separated from his team

Posted: 02 Apr 2014 10:57 AM PDT

KOTA KINABALU: A VAT 69 commando told the High Court here yesterday that he was separated from his team when he was assigned to check five houses at Kampung Tanduo in Lahad Datu where the Sulu gunmen were holed up.

Sergeant Mohd Rosli Sidek, 53, testifying before Justice Stephen Chung said on March 1, 2013 at about 10am, he and his team were on their way to check those houses, but were split into two groups after they heard gunshots at other areas of responsibility.

He explained that he was at that time checking on the second house, but when they reached an open area, their group was split into two. He however did not know where the other commandos went while only he and his team leader were left from his group.

He said he and team leader Inspector Shahar Omar just proceeded to the third house where he went up alone to check on it while Shahar, being the cover man, remained outside the house. However, nothing was found in the house.

Further under examination-in-chief by deputy public prosecutor Mohd Dusuki Mokhtar, the 19th witness testified that he and Shahar then ran and stopped at a small forest with many tall oil palm trees. He then said in the forest he met his fellow commandos but was not sure why they were there. Shahar then re-grouped the team and the new team proceeded to check on the fourth house.

However, while they were halfway to the fourth house, someone fired at them from their left side.

Mohd Sidek then jumped to one of the oil palm trees to take cover as the shots were fired repeatedly.

To a question by Mohd Dusuki, he said he returned fire, about four shots, but then there was another person shooting at them from their right side.

He recalled that he saw two Sulu gunmen in full camouflage print uniforms taking cover behind the oil palm trees near the right side of the fourth house.

The terrorism trial against 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 at Kampung Tanduo, Lahad Datu, were charged with committing the offences at several places in Lahad Datu, Semporna and Sandakan between February 12 and April 10, 2013.

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

The trial held at a hall doubled as an open court at Kepayan prisons here was under tight security checks by prison and police personnel.

To another question by Mohd Dusuki, Mohd Rosli said not long after that, Shahar signalled using hand gestures telling them to retreat. Mohd Rosli said while they were retreating, the gunmen still shot at them but he did not see what type of firearms their enemies were using, and he was kneeling down when he returned fire to the two enemies.

He further testified that when they reached a small forest, they once again regrouped the team and merged with another group from another area of responsibility lead by DSP Hakemal Hawari.

Mohd Rosli added that they defended the area up to March 2, 2013 before receiving another instruction from their leader. The trial continues today.

Print Friendly

Appeals court orders water tariff suit to be heard afresh

Posted: 02 Apr 2014 10:30 AM PDT

PUTRAJAYA: The Court of Appeal here yesterday ordered that the trial of a RM1.05 billion civil suit filed by Syarikat Air Selangor Sdn Bhd (Syabas) against the Selangor government over water tariff adjustment be heard afresh before another High Court judge.

Justice Datuk Zaharah Ibrahim, chairing a three-member panel, granted an application made by Syabas's counsel Datuk Seri Gopal Sri Ram for the case to be heard de novo before another judge.

Sri Ram applied to have the trial, which went on for three days in September last year before Judicial Commissioner Abu Bakar Jais, to be heard afresh before another judge on the grounds that the judicial commissioner had expressed his views on the merits of the case when rejecting its (Syabas's) application to amend its writ of summons.

Earlier, the panel had unanimously allowed Syabas's appeal to amend its writ of summons to include CIMB Investment Bank Berhad as the second plaintiff in its civil suit.

The panel had set aside the High Court's decision made on Feb 13, this year in dismissing Syabas's application to amend its writ of summons to add CIMB Investment as co-plaintiff in the suit.

Justice Zaharah, however, granted an application made by lawyer Malik Imtiaz Sarwar, representing the Selangor government, to stay the trial at the High Court pending disposal of its (the Selangor government's) application to obtain leave from the Federal Court to appeal against yesterday's decision.

Syabas filed the suit against the state government in 2010, stating that under the Dec 15, 2004 agreement between the federal government and Selangor government, it was given a 30-year concession to buy treated water from water treatment operators and to supply the treated water to the distribution areas, in accordance with the terms set out in the agreement.

Syabas said on March 31, 2008, it submitted a review document to the Selangor government to support its request to increase the gazetted tariff of RM1.39 per cubic metre to the new agreed tariff of RM1.89 per cubic metre, for the third operations period from Jan 1, 2009 to Dec 31, 2011.

It claimed that the Selangor government had failed to inform Syabas whether it had agreed to increase the gazetted tariff to the agreed tariff.

Syabas is seeking a declaration that based on the actual assessment of the concession agreement dated Dec 15, 2004, there was a sum of RM1,054,208,382 owed to it by the Selangor government for the period between Jan 1, 2009 and March 31, 2011. — Bernama

Print Friendly