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Two fined over illegal four-digit lottery tickets BorneoPost Online | Borneo , Malaysia, Sarawak Daily News » Court - New 2 Sarawak


Two fined over illegal four-digit lottery tickets

Posted: 28 May 2014 01:00 PM PDT

KOTA KINABALU: The Magistrate's Court here yesterday fined two persons after they pleaded guilty to separate charges of possessing various gambling paraphernalia.

In the first case, Magistrate Ryan Sagirann Rayner Jr, imposed a fine of RM3,000, in default, five months' jail on Lee Heng Seng, 55, after he pleaded guilty to possessing two pieces of illegal four-digit lottery tickets on the pavement of a factory along Jalan Penampang, on May 7, this year.

The charge framed under Section 9 (2) of the Common Gaming Houses Act carries a fine of up to RM5,000, or a maximum of six months' jail, or both, upon conviction.

On the next case, Magistrate Cindy Mc Juce Balitus fined foreigner Karima Alih Usman, 45, RM2,500, in default, five months' jail after she admitted to possessing, amongst others, several pieces of papers with betting numbers written on them, a Casio calculator and RM86 in cash.

The offence was reportedly committed at an unmarked house in Kampung Sembulan Lama, on May 24 this year.

The court also ordered for her to be referred to the Immigration Department.

Inspector Syahrin Ali prosecuted in both cases.

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Two cigarettes smugglers fined

Posted: 28 May 2014 12:59 PM PDT

KOTA KINABALU: Two local men were fined by the Magistrate's Court here yesterday for separate charges of smuggling cigarettes.

In the first case, High Court deputy registrar Ryan Sangirann Rayner Jr, who presided as a magistrate, fined Abdul Latif Abdul Manan RM836, in default, six months' jail after the latter pleaded guilty to a charge framed under Section 135(1) (d) of the Custom Act 1967.

The offence provides for a fine between 10 times and 20 times of the items' value, upon conviction.

The 22-year-old accused was arrested during an operation at a grocery shop at Bundusan Square in Jalan Bundusan, Penampang on May 26.

In the second case, Hussin Zabier, 55, received a RM660 fine, in default, one month's jail for committing a similar offence.

Magistrate Zaiton Anuar imposed the fine on Hussin who admitted to committing the offence at a grocery shop at Inanam Central in Inanam on May 26.

Customs Department prosecuting officer Janet S. Linggu told the court that 19 and 30 boxes of the cigarettes were found at the shops of Abdul Manan and Hussin respectively.

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Guard charged with raping, impregnating 15-year-old

Posted: 28 May 2014 12:53 PM PDT

by Natasha Sim. Posted on May 29, 2014, Thursday

KOTA KINABALU: A local security guard was charged at the Sessions Court here yesterday with raping a 15-year-old girl who is now 26 weeks pregnant.

Judge Azhaniz Teh Azman Teh rejected the plea of Azizan Bakri, 21, as he had disputed some facts of the case.

The court then set June 20 this year for case management.

Azizan is accused of raping the girl at a car wash premises in Jalan Sepanggar, Menggatal on September 10, 2013, around 2.30pm.

The charge under Section 376 (1) of the Penal Code carries up to 20 years' imprisonment and whipping on conviction.

The accused denied being inebriated on the day of the alleged rape and that the sex act was not forced on the victim, contrary to the facts of the case.

Azhaniz also contended that if the victim's pregnancy was the result of the rape, then the alleged offence should have taken place in November instead of September as claimed.

The court then decided that it would wait for a DNA paternity test to affirm the accused's status as the father of the baby.

Based on the facts of the case, the accused was said to have gone to the car wash premises to meet the younger brother and cousin of the victim, at around 1.30pm.

He left the place for a while and later returned around 2pm with alcohol that he shared with the victim's cousin.

At around 2.30pm, he pulled the victim, who was also there, into the rest quarters of the premises and raped her there twice.

Deputy public prosecutor Wan Azwan Aiman Wan Fakhruddin had offered RM10,000 bail with two local sureties to the unrepresented accused. However, the court released him on RM8,000 bail with one surety.

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Operators of cyber cafes fined for operating without licence

Posted: 28 May 2014 10:28 AM PDT

KUCHING: A woman and a man were fined RM2,000 and RM2,500 respectively for operating an entertainment outlet in the city without a licence.

They pleaded guilty to the offence at a Magistrates' court here.

In the first case, Chai Chiew Yian, 33, from Batu Kawa was arrested around 11pm on March 23 when a cyber cafe at Jalan Pisang West was raided by a police for carrying out illegal online gambling. Among items seized as exhibits were monitors, CPUs, keyboards and mouses.

The accused is the keeper of the cyber cafe. She was fined RM2,000 in default two months jail.

Meanwhile, William Tan Wei Loong , 29, from Jalan Desa Wira admitted he was the keeper of a cyber cafe operating online gambling at Jalan Batu Kitang Police raided the premises around 4pm on April 10.

Both were convicted under Section 5(1)(b) of the Entertainment Ordinance 2000, punishable under Section 5(2) of the same ordinance which carries a maximum RM20,000 fine and not more than five years' jailor both.

In an unrelated case, a 24-year-old man was slapped with a total of RM900 fine after he pleaded guilty to two assault charges.

Muhammad Zaidi Adruce Abdullah, 24, appeared before Magistrate Portia Tham Ong Leng who convicted him under Sections 323 and 324 of the Penal Code.

For the first charge, he admitted to have caused hurt to another man with a metal club around 10.30am on May 26 in front of a college in Jalan Batu Lintang. He also slapped the same man at the same day and time.

The magistrate fined him RM600 in default three weeks' jail for the first offence and RM300 in default two weeks' jail for the second offence.

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Car dealer gets one year, rotan for cheating customer

Posted: 28 May 2014 10:27 AM PDT

KUCHING: A Magistrates' Court here yesterday sentenced a car dealer to a year in jail and a stroke of the cane after he pleaded guilty to cheating a woman of RM2,600 last year.

Magistrate Portia Tham Ong Leng handed down the custodial sentence on Dennis Francis Bilun, 42, from Julau after he pleaded guilty to the offence.

The offence was committed about 3.30pm on Dec 19 2013 at a shopping mall here. He was convicted under Section 420 of the Penal Code which provides a maximum penalty of 10 years' jail and canning.

The brief fact of the case stated that the complainant had handed over RM2,600 to Dennis for alleged shipping fee of a new car. She lodged a police report when the car never arrived. She contstantly called him but he always gave the excuse that there was a delay.

She lodged a police report and initial police investigation showed that the accused had in fact used the car as his own car. The shipping process was never done and he had pocketed the money.

Inspector Ezan Suhaila Sulaiman prosecuted while Dennis was not represented by any defence counsel.

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Use of the word ‘allah’: Federal court to deliver verdict on church’s application on june 23

Posted: 28 May 2014 10:23 AM PDT

PUTRAJAYA: The Federal Court will deliver on June 23 its verdict on whether to grant or not, the Catholic Church's application for leave to appeal against a Court of Appeal's decision prohibiting the weekly Herald's Bahasa Malaysia section from using the word 'Allah'.

The Church's solicitor, S.Selvarajah, when contacted, said he received a letter from the deputy registrar of the Federal Court, Nor Aziati Jaafar, on Tuesday to inform that the decision was fixed on June 23.

He hoped that the court would grant the leave application so that the court could hear the merit of the appeal.

Senior Federal Counsel Andi Razalijaya A. Dadi, representing the government in the case, confirmed the date and said that the Attorney-General's Chambers had also received a letter from the court registry.

On March 5, Chief Justice Tun Arifin Zakaria, chairing a seven-member panel, comprising Court of Appeal president Tan Sri Md Raus Sharif, Chief Judge of Malaya Tan Sri Zulkefli Ahmad Makinuddin, Chief Judge of Sabah and Sarawak Tan Sri Richard Malanjum and Federal Court judges Tan Sri Suriyadi Halim Omar, Datuk Zainun Ali and Datuk Jeffrey Tan Kok Wha heard submissions from parties involved.

The church is seeking to obtain leave from the Federal Court to proceed with its appeal against the Court of Appeal's decision, made on Oct 15, 2013, to ban the use of the word 'Allah' in the Bahasa Malaysia section of its publication.

The Court of Appeal had set aside the Dec 31, 2009 decision of a High Court which had allowed the Herald to use the word 'Allah' after it (High Court) declared that the Home Ministry's decision in prohibiting the publication from using the word 'Allah' was illegal, null and void. In 2009, the Roman Catholic Church, led by Archbishop Murphy Pakiam, filed a judicial review application, naming the Home Ministry and the government as respondents, seeking, among others, a declaration that the ministry's decision to prohibit the use of the word Allah in the Herald publication was illegal.

The weekly, published in four languages, has been using the word 'Allah' to refer to God in the Herald Malay-language section, specially to cater for Catholics in Sabah and Sarawak.

Under the Courts of Judicature Act 1964, an applicant in civil cases must first obtain leave (permission) from the Federal Court in order to bring their appeal to the Federal Court which is the Apex Court.

In that provision, an applicant intending to appeal to the Federal Court must satisfy the Federal Court that there are questions of law of public importance which include questions of general principle which have never been decided before by the Federal Court that needs to be decided by the Federal Court.

When the Federal Court is satisfied that the questions of law presented by the applicant have fulfilled the legal requirements, the Federal Court will then grant leave to appeal.

If the Federal Court decides not to grant leave to the church, the decision of the Court of Appeal will stand and there can be no more appeals by the church. — Bernama

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