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16 to testify against businessman on murder rap BorneoPost Online | Borneo , Malaysia, Sarawak Daily News » Court - New 2 Sarawak

16 to testify against businessman on murder rap

Posted: 30 Apr 2014 11:24 AM PDT

KOTA KINABALU: The High Court here yesterday fixed October 16–17 this year for the trial of a businessman who faces a charge of murdering a local man.

Justice Chew Soo Ho set the date for Lim Tiam Chye, 43, who was defended by Ram Singh.

Lim is accused of killing the 59-year-old victim in front of a restaurant in Penampang at about 12.45pm on August 10, 2012.

The prosecution told the court that they would produce 16 witnesses to testify against Lim.

The accused is currently detained in custody pending his trial.

Deputy public prosecutor Luke Ressa Balang prosecuted while counsel YS Lo and Timothy Daut assisted Ram.

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May 5 hearing on prosecution appeal over rape in car case

Posted: 30 Apr 2014 11:23 AM PDT

KOTA KINABALU: The High Court here yesterday fixed May 5 this year to hear an appeal by the prosecution against a local restaurant manager, who was convicted of raping an underage girl whom he later married.

Deputy registrar of the High Court set the date to hear the appeal against Riduan Masmud's 12 years in jail and two strokes of the cane imposed by the lower court on February 3.

Riduan, 41, was found guilty of raping the 12-year-and-six-month-old girl inside a car by the roadside near the Kionsom waterfall in Inanam at about 10am on February 18, 2013.

The offence is classified as statutory rape as the victim is under 16 years old under Section 376 (1) of the Penal Code which is punishable by a jail term of up to 20 years and also liable to whipping, upon conviction.

Riduan was defended by counsel Ram Singh, YS Lo and Timothy Daut.

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Crude palm oil sale to Israel: Felda wins suit, awarded RM100,000

Posted: 30 Apr 2014 10:26 AM PDT

KUALA LUMPUR: The High Court here yesterday ordered PAS secretary-general Datuk Mustafa Ali and four others to pay RM100,000 in damages to the Federal Land Development Authority (Felda) after they were found liable of defaming Felda over articles that it had sold its crude palm oil to Israel.

Judge Lee Heng Cheong also ordered Mustafa Ali and four other defendants Harakah editor-in-chief Ahmad Lutfi Othman, editor Taufek Yahya, article writer Mohd Arif Atan and printer Harakah Angkatan Edaran Ent Sdn Bhd to pay a total of RM30,000 in costs to Felda.

However, the court dismissed Felda's claim against the first defendant, National Felda Settlers' Children's Association (Anak) president Mazlan Aliman and ordered Felda to pay RM30,000 in legal costs to Mazlan.

"The first defendant has successfully proved his defence of qualified privilege and on a fair comment," he said.

In allowing Felda's suit against the five defendants, Justice Lee found that the two articles published by Mustafa in Harakah were capable defamatory of the plaintiff (Felda).

The judge also found that Felda had clearly proved that it did not sell its crude palm oil to Israel and the five defendats had also failed to prove their defences on qualified privilege and a fair comment.

Justice Lee in his decision said that Felda was a separate legal entity from

Felda IFFCO Oil Products Sdn Bhd and Felda Global Ventures Holdings Sdn Bhd and there was also no sale of crude palm oil to Bunge Agribusiness Singapore Pte Ltd, a Singapore-based company.

"Bunge Agribusiness is not an Israeli company," said the judge who made the ruling after hearing testimonies from six witnesses.

Counsel Datuk Mohd Hafarizam Harun represented Felda while counsel Azhana Mohd Khairuddin acted for all six defendants.

Later, Mohd Hafarizam told reporters that he would seek his client's instruction whether to appeal over the court's dismissal on Felda's suit against Mazlan.

On Jan 7 last year, Felda sued the six and Parti Keadilan Rakyat (PKR) secretary-general Datuk Saifuddin Nasution Ismail, over a couple of articles titled "2,000 Himpun Bantah Felda Jual Minyak ke Israel" ('2,000 Protest Felda's Sale of Palm Oil to Israel') and "BN Jangan Tipu Rakyat" ('BN Don't Cheat the People') dated Nov 27, 2012, published in Suara Keadilan.

Felda in its statement of claim, said that Mazlan had uploaded on his Facebook page on Nov 19, 2012 a photograph of an invoice and a caption which was defamatory to Felda and had also made the same statement during a gathering in front of the Felda office four days later (Nov 23, 2012).

Felda claimed that the statement was republished by the second to sixth defendants in several Harakah newspaper articles between Nov 26 and 29 Nov, 2012.

It contended that the statement had affected Felda's reputation and that the defendants had done so with the intention to achieve their personal agendas to destroy people's faith in Felda.

However, Saifuddin on April 21 had reached a consent judgment over the defamation suit and had agreed to withdraw any imputations caused by the impugned articles in the party's newspaper Suara Keadilan.

He also agreed to accept and acknowledge that Felda's IFFCO Oil Product Sdn Bhd sent shipments to Palestine and not Israel on March 2010, Felda never sold crude palm oil to Israel or any Israel-owned companies and Felda and Felda IFFCO Oil Products Sdn Bhd were two separate legal entities. — Bernama

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Labuan suit: May 5 hearing on issues raised by Harris

Posted: 30 Apr 2014 09:18 AM PDT

by Suraini Andokong. Posted on May 1, 2014, Thursday

KOTA KINABALU: The High Court here yesterday fixed May 5 this year to hear preliminary issues raised by the defendant before the trial proper of the suit brought by a local businessman against former Chief Minister Tan Sri Harris Salleh over the surrender of Labuan to the Federal Territory on April 16, 1984.

Justice Chew Soo Ho set the date after Nurul Rafeeqa Afdul Mutolip, counsel for plaintiff James Albanus @ Richard, requested for more time to file their reply on the preliminary issues raised by the defendant, Harris, through his counsel Trevor Maringking.

Chew held that since the issues raised are legal issues which could or may determine the whole case, the court will hear the issues before the trial proper.

In the defendant's (Harris) application on the preliminary issues, Trevor said that they are seeking determination under Section 33, Rules 2 and 5 of the Rules of Court 2012, and the three issues raised are:-

(1) Whether the plaintiff (James) has the locus standi to bring up this action, having regard to his prayers or the remedies that he seeks against the defendant (Harris)

(2) Whether the defendant had personally and/or unlawfully surrendered Labuan to the Federal Government in 1984?

(3) That, in event the answers to both questions are in the negative then the plaintiff's action against the defendant should be dismissed with costs.

Trevor rationalised that this application was made in order to save court's time for all parties.

In the suit filed on March 7, 2012 by the plaintiff (James), who undertakes research on social and political issues in Sabah and Malaysia, he is seeking a declaration from the court that Harris on his part has acted unlawfully in the surrender of Labuan. He is also seeking damages, injunctive relief, costs and interests.

In his statement of claim, James pointed out that, in researching the creation of Labuan as a Federal Territory in 1984, he discovered that the surrender of Labuan to the Federal Government was unlawful following an interview with Tan Sri Simon Sipaun recently.

He said that from the interview with Sipaun, who was previously the acting Sabah State Secretary in 1983, he discovered that the defendant had not sought the opinions, feelings and concerns of Sabah citizens, including himself.

James claimed that the defendant had not undertaken a referendum in respect of the Labuan decision, either from among the populace and citizenry of both the Sabah state and Labuan island.

He also said that the defendant (Harris) had acted unilaterally and individually without compliance to the relevant constitutional safeguards and also the well-being of the citizenry of Sabah state.

As a result of the defendant's rash and unconstitutional action, James claimed, the state government of Sabah and its citizenry suffered unquantifiable financial and social loss at the material time and for generations to come.

He said he will rely on information obtained as a result of his research and interviews with Sipaun and would also rely on Section 2 of the Labuan Order in Council 1946 during the trial of this suit.

Harris had also filed a counterclaim of RM50 million for defamation against the 59-year-old James, who hails from Kampung Biau, Papar.

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Lorry driver jailed, caned for siphoning diesel

Posted: 30 Apr 2014 09:14 AM PDT

KOTA KINABALU: The Magistrate's Court here yesterday sentenced a lorry driver to eight months' jail and one stroke of the cane for misappropriating diesel worth RM13,289.35.

Magistrate Herlina Muse imposed the sentence on Liaw Cheng Yi, 28, after he pleaded guilty to the charge.

Liaw admitted to siphoning the diesel fuel for his own personal use between December 1, 2013 and January 19, 2014 at a Shell Station in Membakut, Beaufort, when employed as a lorry driver for Syarikat Segala Kota Sdn Bhd.

The charge framed under Section 403 of the Penal Code carries a jail term of not more than five years and with whipping and shall also be liable to fine, upon conviction.

In an unrelated case, Sekhan Salim, 35, was sentenced to 14 days jail by the same court for stealing a piece of plywood worth RM100, from a construction site at Jesselton Point on April 11, this year.

The offence under Section 379 of the Penal Code is punishable with a jail term which may extend to seven years or with fine or with both, upon conviction.

Prosecuting officer Azaman Hamat appeared for the prosecution on both the cases.

Meanwhile, at another court, Magistrate Zaiton Anuar sentenced Nora Bondo, 24, to five months jail for hurting Masliza Abdun, 19, with a wooden chair at Makati Café, Bundusan Square, on January 25, this year.

The charge framed under Section 324 of the Penal Code is punishable with a maximum of three years jail, or with fine, or with whipping, or with any two of such punishments, upon conviction.

Based on the facts of the case, a fight had broken out between the two, following a verbal spat. The accused then threw a wooden chair at the victim causing her to sustain eight stitches on her forehead.

The court also ordered for the accused to be referred to the Immigration Department, upon serving her sentence.

In an unrelated case, the court set May 14 for the next mention of Mohd Azfian Aziz's case.

The 22-year-old accused denied criminally intimidating his older sister, Azimah Aziz, 26, at a unit in University Condo Apartment, Menggatal, on April 28, this year.

The charge framed under Section 506 of the Penal Code is punishable with a maximum of two years jail, or with fine or with both, on conviction.

Prosecuting officer Chief Inspector Lim Swee Beng prosecuted both the cases.

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Shop assistant charged with harbouring, employing Filipinas without valid work permit

Posted: 30 Apr 2014 09:14 AM PDT

KOTA KINABALU: A local shop assistant was charged at the Sessions Court here yesterday with five counts for employing five Filipinas who were not in possession of valid work permit. The five Filipinas were also charged with violating their social visit passes.

Lim On Ming, 52, denied all the charges preferred against him before Judge Azreena Aziz, who then set May 17 for case management.

On the five counts, he is alleged to have harboured the women, aged between 35 and 41, at a reflexology centre, Beijing Natural Healing Sdn Bhd, Kampung Air, on April 26, this year at around 9.55 pm.

The charge framed under Section 55E (1) of the Immigration Act 1959/63 is punishable with fine of not less than five thousand ringgit and not more than thirty thousand ringgit or to imprisonment for a term not exceeding twelve months or to both for each illegal immigrant found at the premises, upon conviction.

For each count, he was released on bail of RM10,000, with RM5,000 to be deposited immediately, on two local sureties.

Meanwhile, the five women, Marilou Pendejito Montenegro, Rocie Gadapan Jaladapan, Merra Pendejito Canete, Mitre Shirley De Honor and Rosie Kahal were all charged in the same court for violating their social visit passes by working as masseuses at the same place and time.

The offence under the same Act, which carries a fine not exceeding RM1,000 or imprisonment not exceeding six months or both, on conviction.

The court had also set May 7 for case management, and ordered for their detention under Section 259 of the Criminal Procedure Code.

Counsel Edward Paul acted for Lim, and counsel Goldam Hamid acted for the five women; while deputy public prosecutor Dominic Chew Ban Huat led the prosecution.

In a related case, Arsid Patarusi, 32, had also pleaded not guilty before Azreena for employing ten foreigners without valid documents.

Arsid is alleged to have employed eight Indonesians and two Filipinos at a restaurant in Alamesara, Jalan Sulaman on April 10, 2012.

Azreena released him on a bail of RM10,000, with RM4,000 to be deposited immediately, on a local surety, and set May 7, for case management.

Prosecuting officer, Shaiful Izuat of the Immigration Department, prosecuted the case, while counsel Loretto Padua Jr acted for Arsid.

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