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Army suspended search for wounded intruders when comrade was shot, court told BorneoPost Online | Borneo , Malaysia, Sarawak Daily News » Court - New 2 Sarawak

Army suspended search for wounded intruders when comrade was shot, court told

Posted: 03 Jun 2014 04:10 PM PDT

KOTA KINABALU: A Royal Malay Regiment (RAMD) company commander told the High Court here yesterday that the search for two wounded intruders at Kampung Sungai Nyamuk, Lahad Datu last year was suspended when one of his men, Private Ahmad Hurairah Ismail, was shot dead.

Major Mohd Sukri Ismail said the incident occurred around midday on March 12 last year when his team carried out a search to look for the two intruders who escaped towards an undergrowth after they were wounded in a shoot-out with security forces between 10.15am and 11.30am on the same day.

"I did not continue with the search after Hurairah was shot," he said.

Asked by deputy public prosecutor Ishak Mohd Yusoff whether a police report was lodged on the incident that befell

Ahmad Hurairah, Mohd Sukri said he was not sure, but believed there was.

The company commander told the court that he remained at Kampung Sungai Nyamuk to carry out a cut-off operation until March 14 last year before being assigned to carry out routine operations at the RAMD 7th Battalion's Tactical Base at Kampung Tanduo.

"From March 22, 2013, my company and I were on standby waiting for further instructions at the Cenderawasih Community College until we returned to (RAMD 7th Battalion) Kukusan Camp in Tawau on March 31, 2013," he added.

Thirty accused, comprising 27 Filipinos and three local residents, are being tried in the case, in which some are facing multiple charges of being members of a terrorist group or waging war against the Yang di-Pertuan Agong, recruiting members for a terrorist group or willfully harbouring individuals they knew to be members of a terrorist group.

They allegedly committed the offences between Feb 12 and April 10 last year.

The hearing before Justice Stephen Chung at the Sabah Prisons Department continues today. — Bernama

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Umno president, executive secretary sue Malaysiakini

Posted: 03 Jun 2014 04:01 PM PDT

KUALA LUMPUR:  Umno president Datuk Seri Najib Tun Razak and Umno executive secretary Datuk Ab Rauf Yusoh have filed a defamation suit against the company operating the Malaysiakini portal and two of its editors over the publication of two articles last month.

The writ of summons was filed through Messrs Hafarizam Wan & Aisha Mubarak last Friday at the High Court registry here.

The media obtained a copy of the writ yesterday.

Najib and Ab Rauf (on behalf of Umno) named Mkini Dotcom Sdn Bhd, Malaysiakini.com editor-in-chief Steven Gan and chief editor Fathi Aris Omar as the first, second and third defendants, respectively.

In their statement of claim, Najib and Ab Rauf claimed that the three defendants  had reported, produced  and  allowed to be published two articles entitled 'A case of the PM reaping what he sows' and 'How much will Najib spend to keep Terengganu?'.

It is claimed that the articles were published on May 14.

They claimed that the articles were carried in the 'Yoursay' column of the www.malaysiakini.com portal by the defendants themselves or their assistants based on comments from the portal's subscribers or users which were grouped into the articles under the major topics.

One of the articles, 'A case of the PM reaping what he sows', was related to government policies and hudud while the other, 'How much will Najib spend to keep Terengganu?', was on the political situation in Terengganu last month, they said.

Najib, who filed the writ in his personal capacity, and Ab Rauf, on behalf of Umno, claimed that the defendants allowed the publication of the articles on purpose, knowing that they were baseless accusations and untruths.

Najib claimed that the defamatory words had undermined his reputation as a politician, the Umno president and the prime minister.

Besides, the two plaintiffs claimed that the comments implied sarcasm to indicate that Umno was incompetent as a political party and the backbone of the Barisan Nasional.

They also claimed that the defamatory words were designed to portray Umno as having abused its authority in the interests of the party, that it was an undemocratic party and one that deliberately created undesirable situations.

The two plaintiffs claimed that as a result of the publication of the articles, their reputations were severely tarnished when Umno was condemned, particularly in the social media and mass media.

They  claimed  that  the  articles were comments offered without any  basis  that  were  merely wild accusations made with malice against Umno, causing tension between the people and Umno.

"The defamatory articles raised tension in the people against Umno, associated, the party with public scandals, subjected it to embarrassment and humiliation in public in the country and internationally.

"The damage to Umno's reputation can go on for years because the defamatory articles can  be   widely   accessed  anywhere at all as they are published on the portal which has virtual readers around the world, and the articles can be shared on social websites as well as forums and personal blogs without restriction," the plaintiffs claimed.

The two plaintiffs said that on May 15, a notice of demand was sent to the defendants through Messrs Hafarizam Wan & Aisha Mubarak for an unconditional written apology and retraction of the alleged defamatory articles or similar statements.

On the same day, the plaintiffs also demanded that all the defendants prepare a written undertaking not to issue similar statements.

However, the following day (May 16), Malaysiakini replied to the notice of demand citing defence of fair comment in the public interest and offered to the plaintiffs to reply to the articles without fulfilling the demand made by the plaintiffs.

On May 28, the plaintiffs rejected the offer and, through the defamation suit, demanded general and special damages that would be assessed by the court.

They also sought aggravated damages, excessive damages, interest, an injunction to restrain the defendants or  their assistants from publishing the articles, an order that the defendants issue a written apology to be published in the newspapers and costs.

Case management has been set for June 18 before High Court Judge S M Komathy Suppiah. — Bernama

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Guard charged with sodomizing five-year-old boy

Posted: 03 Jun 2014 02:33 PM PDT

KOTA KINABALU: The Sessions Court here yesterday fixed July 21-22 for the trial of a local security guard charged with sodomizing a five-year-old boy, and criminally intimidating the victim.

Judge Azhaniz Teh Azman Teh fixed the dates when Ismail Hassan's case came up for case management.

The 36-year-old accused had maintained a plea of not guilty to performing anal sex on the victim, a child of his neighbour, in the room of a house in Inanam, on August 7, 2013.

The charge is framed under Section 377C of the Penal Code which carries a maximum 20 years' imprisonment, and shall also be liable to whipping, upon conviction.

He faces a second charge with the intention of causing fear towards the victim on the same day.

The offence is stipulated under Section 506 of the Penal Code which provides for a jail term of up to two years, or with fine, or both, upon conviction.

The court ordered the accused to be further remanded under Section 259 of the Criminal Procedure Code.

Deputy public prosecutor Nartiah F Mirchelle Sambatan acted for the prosecution while the accused was unrepresented.

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Couple jailed for syabu possession

Posted: 03 Jun 2014 02:32 PM PDT

KOTA KINABALU: The Magistrate's Court here yesterday sentenced a man and a woman to two years' jail for possessing 3.5 grams of syabu.

Yaser Sali Moruji and Saphia Muhaimi pleaded guilty before magistrate Ryan Sagirann Rayner Jr to the joint charge of possessing the drugs on September 4, 2013, along Jalan Tun Fuad Stephens here.

The charge framed under Section 12 of the Dangerous Drugs Act 1952 carries a maximum fine of RM100,000 or imprisonment of up to five years, or both, upon conviction.

Prosecuting officer Inspector Syahrin Ali prosecuted the case.

At a different court, magistrate Cindy Mc Juce Balitus imposed a sentence of two months' jail each on Spencer Solibun and Lanius @ Larius Siap, also for possession of syabu.

The duo pleaded guilty to a joint charge of having 0.09 gram of the drug at a factory premises along Jalan Bundusan, Penampang on April 26.

Meanwhile, the duo also admitted to taking syabu on the same day and were sentenced to another two months' jail and were ordered to serve this sentence concurrently.

The offence for consumption is stipulated under Section 15 (1) (a) of the Act which provides for a fine of up to RM5,000 or a maximum two years' imprisonment.

The court also ordered both the accused to be under two years of police supervision after serving their sentences.

Prosecuting officer Inspector Azaman Hamat prosecuted.

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Soldier shot during search for injured gunmen, court told

Posted: 03 Jun 2014 02:28 PM PDT

by Suraini Andokong. Posted on June 4, 2014, Wednesday

KOTA KINABALU: The High Court here yesterday heard that the search operation for the two injured Sulu gunmen, who fled into bushes, was stopped after a Malaysian soldier was shot.

Major Mohd Shukri Ismail told Justice Stephen Chung that they discontinued the operation as one of his men, Ahmad Hurairah Ismail, was shot by the Sulu gunmen.

Testifying under examination-in-chief by deputy public prosecutor Ishak Mad Yusoff, Major Mohd Shukri said his personnel, Ahmad Hurairah, was shot while they were searching for the two gunmen who were reportedly injured after a skirmish between Malaysian soldiers and the Sulu gunmen at Sungai Nyamuk on March 12, 2013.

Mohd Shukri was the 28th witness called up ttorney-General Tan Sri Abdul Gani Patail to give oral evidence against the 29 accused persons, including the nephew of the late self-style Sulu Sultan III, Datu Jamalul Kiram, who is believed to be the man behind the intrusion incident in Kampung Tanduo, Lahad Datu.

The accused were alleged to have committed terrorism activities at several places in Lahad Datu, Semporna and Sandakan areas between February 12 and April 10, 2013. If found guilty they face the mandatory death sentence while the other charges provide for life imprisonment and a fine upon conviction.

The trial was held in a hall doubled as an open court at the Kepayan prisons compound here, under tight security by the prisons and police personnel.

To a question by Ishak, he said that he was not sure whether there was any police report lodged against the incident.

"I'm not sure whether a police report had been lodged regarding the death of Ahmad Hurairah, but I believe it was done," he testified.

To a further question by Ishak, the witness said he did not know if the two gunmen were among the other gunmen that he saw from a distance of 80 meters or other gunmen at distances of 100 to 110 meters.

The trial continues today.

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Raja Nong Chik’s defamation suit against Nurul Izzah set for mediation

Posted: 02 Jun 2014 11:27 AM PDT

KUALA LUMPUR: The mediation process among parties in a defamation suit filed by former Federal Territories and Urban Wellbeing Minister Datuk Seri Raja Nong Chik Raja Zainal Abidin against Lembah Pantai Member of Parliament Nurul Izzah Anwar will be heard before a new judge on June 26.

Counsel Aston Paiva, representing Nurul Izzah, told reporters yesterday that it would convene before High Court judge Datuk Nik Hasmat Nik Mohamed, who set the date in chambers when the case came up for mention.

On Feb 5, the parties involved failed to reach a settlement in a mediation process which was convened before Justice Zainal L. Salleh at the Kuala Lumpur Court Mediation Centre.

Raja Nong Chik filed the suit on July 17 last year, citing Nurul Izzah, Mkini Dotcom Sdn Bhd, which is owned by news portal, Malaysiakini, and Malaysiakini journalist Lu Wei Hoon as defendants.

In the statement of claim, Raja Nong Chik alleged that Nurul Izzah had, in a press conference at Bangunan Bakti, Taman Tun Dr Ismail here on May 4 last year, which was on the eve of the 13th general election (GE13), made defamatory as well as false statements against him pertaining to a land transaction.

He claimed that Nurul Izzah's statements were posted on the Malaysiakini website the same day. Raja Nong Chik is seeking an injunction to stop the defendants, or their agents, from further publishing the alleged defamatory words against him.

He is also seeking general and aggravated damages and an order for the defendants to publish an apology, as well as interests and costs. Raja Nong Chik said that as a result of the publication of the statement, his reputation and dignity as a politician, former minister and senator had been tarnished.

In the May 5 general election, Nurul Izzah defeated Raja Nong Chik for the Lembah Pantai parliamentary seat with a majority of 1,847 votes. — Bernama

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