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Filipino labourer jailed seven years, whipping for armed robbery BorneoPost Online | Borneo , Malaysia, Sarawak Daily News » Court - New 2 Sarawak

Filipino labourer jailed seven years, whipping for armed robbery

Posted: 20 Jun 2014 10:59 AM PDT

KOTA KINABALU: A Filipino labourer was jailed seven years and ordered to be whipped once by the Sessions Court here yesterday for armed robbery.

Azmin Suharto, 26, pleaded guilty before judge Azhaniz Teh Azman Teh to a charge framed under Section 395 of the Penal Code, which is punishable under Section 397 of the same Code and carries a maximum jail term of 20 years plus whipping, upon conviction.

The undefended accused admitted to robbing a student of RM70 cash at the 6th floor carpark of a shopping complex here on December 7, 2013.

Suharto, who committed the offence with two friends who are still at large, was also ordered to be referred to the Immigration Department for further action after serving his sentence.

Deputy public prosecutor (DPP) Nartiah F. Mirchelle Sambatan told the court that the victim was robbed by the unknown men, one of whom was later identified as the accused.

Nartiah said that the victim and his friend were smoking and chatting when the accused suddenly approached the victim while his accomplice held the victim's neck.

The accused demanded for the victim's wallet which contained RM70 in cash.

The security guard who was on duty saw the incident and chased after the accused with the assistance of the victim.

They managed to apprehend him at the fifth floor of the same building and handed him over to the police station for further action.

In a separate case, Filipino fisherman Jackson Panoy, 56, will stand trial on August 19 this year for allegedly committing a similar offence.

The accused was brought before judge Ummu Kalthom Abdul Samad for robbing a Korean woman of RM300 in cash and a cellphone using a knife at a public beach in Likas at 5.30am on May 19.

The unrepresented accused was denied bail and ordered to be held in custody pending disposal of the case.

In an unrelated case, judge Azreena set July 18 this year for the case management of a construction worker who was charged with trying to rape his stepdaughter at a room of a house in a village in Kota Belud at 4pm on March 18.

The offence was framed under Section 376 of the Penal Code, read together with Section 511 of the same Code, which carries a maximum jail term of 15 years plus whipping, upon conviction.

In the Immigration Court, he was also jailed four months and ordered to be given one stroke of the cane for entering the State illegally while Jackson received four months' jail for committing a similar offence.

Both of them pleaded guilty to their separate charges under Section 6 (1) (c) of the Immigration Act, which provides for a fine not exceeding RM10,000, or a jail term of up to five years, or both, and with whipping upon conviction.

DPP Chow Siang Kong prosecuted.

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Man slapped with 180 money laundering charges over RM1m

Posted: 20 Jun 2014 10:58 AM PDT

by Philip Kiew reporters@theborneopost.com. Posted on June 21, 2014, Saturday

MIRI: A police team from the Bukit Aman task force has arrested a 27-year-old man for money laundering here.

The suspect was detained at 1 pm on Thursday in the compound of Miri Central Police Station by the team, and charged in the Sessions Court here yesterday although the case was registered in Sibu.

The Deputy Public Prosecutor office yesterday charged him with 180 money laundering charges involving RM1 million ringgit.

Afiza Sulihi,27, an administrative staff with a private company here, pleaded not guilty to the charges under Section 4 (1)(a) of the Section 4 of the Anti-Money Laundering and Anti-Terrorism Financing Act (AMLATFA) 2001.

He was accused of committing the offences between October 2012 to July 2013 in Mukah and Miri, and if convicted, could be jailed for up to five years or fined up to five million ringgit, or be liable to both imprisonment and a fine.

The accused pleaded not guilty and claimed trial to the charges under Section 4 (1) (a) read out to him before Sessions Court judge Awang Kerinada Awang Mahmud.

The judged ordered him released on RM20,000 local sureties and fixed the date of mention of 17 July.

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Jobless man jailed six months for stealing RM300 iron bars

Posted: 20 Jun 2014 10:57 AM PDT

KOTA KINABALU: An unemployed man was sentenced to six months' jail by the magistrate's court here yesterday for stealing five iron bars worth RM300.

Deputy registrar of the High Court Ryan Sangirann Rayner Jr, who sat as magistrate, imposed the sentence on Pol Nuin, 45, after the latter pleaded guilty to stealing the items belonging to a company at the construction site of KK Times Square here on June 16.

He was convicted under Section 379 of the Penal Code which carries a maximum jail term of seven years and also liable to a fine, upon conviction.

In a separate case, Filipino Arjuna Bungsuan, 31, was jailed 10 months by the same court for stealing six pieces of zincs, valued at RM200, belonging to a developer company on June 16.

The offence was framed under Section 380 of the Penal Code which is punishable by a maximum jail term of seven years and also liable to a fine, upon conviction.

The magistrate also referred him to the Immigration Department after serving his jail sentence for further action.

In an unrelated case, Rachel Annabelle Patrick, 38, was fined RM2,000, in default, six months' jail for possessing five pieces of papers written written with illegal four-digit lottery numbers dated March 22. The charge was framed under Section 9 (1) of the Common Gaming House 1953 which carries a maximum fine of RM5,000 or a jail term of up to six months or both, upon conviction.

She was arrested for committing the offence at a coffee shop in Penampang on March 22.

Prosecuting officer Inspector Syahrin Ali prosecuted.

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Man walks free after being acquitted of drug trafficking

Posted: 20 Jun 2014 10:57 AM PDT

SIBU: A 47-year-old man walked out from a High Court here a free man yesterday after he was discharged and acquitted of a charge of drug trafficking.

Justice Supang Lian made the order in her ruling at the close of the case.

Su Tieng Sen was indicted for an offence under Section 39B(1) of the Dangerous Drugs Act 1952 punishable under Section 39B(2) of the same act which provides for a mandatory death sentence upon conviction.

He claimed trial for the offence which alleged that he trafficked in dangerous drugs of 73.25 grammes of Methamphetamine at a house in Lorong Kong Yit Khim at about 11.30pm on Jan 16 last year.

In her ruling, Supang stated after considering the evidence adduced and the submissions of the prosecution and defence counsel, she found that the prosecution has not proved to the required standard all the ingredients of the offence charged.

"That being the case, I rule that the prosecution has failed to make out a prima facie case against the accused. He is accordingly discharged and acquitted of the offence charged," she pointed out.

Earlier on, she said in accordance with the provisions of Section 180 of the Criminal Procedure Code, the court at the conclusion of the case for the prosecution was to determine whether the prosecution has established a prima face case against the accused.

She said a prima facie case is made out if the prosecution has proved all the essential ingredients of the offence by credible and reliable evidence which has been filtered and sieved through maximum or a positive process of evaluation.

"The test is if I now all upon the accused to make his defence and he elects to remain silent am I prepared to convict him on the evidence now before me?

"If the answer to that question is "Yes", then a prima facie case has been made out but it is "No" then, a prima facie has not been made out," she stated.

She further pointed out that in the present case, the elements of the offence that needed to be proved were the accused had the drug in his possession; the drug was Methamphetamine listed in the Dangerous Drugs Act 1952 and weighed 73.25 grams; and the accused did traffic in the drug.

Su was on trial beginning Jan 14 which ended on March 27 at the close of the prosecution case. Six prosecution witnesses were called to testify against the accused who was represented by Orlando Chua.

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Doctor, 60, sentenced to the gallows for murdering wife

Posted: 20 Jun 2014 10:56 AM PDT

KUALA LUMPUR: The High Court yesterday sentenced a doctor to the gallows after he was found guilty of murdering his wife seven years ago.

Judge Datuk Asmabi Mohamad made the ruling after Dr Jitweer Singh Ojagar Singh, 60, was found to have failed to raise a reasonable doubt against the prosecution's case.

She said the defence's evidence that the victim, Shento Kaur Jaswant Singh, 46, died due to positional asphyxia, was on afterthought.

The judge said the theory that the deceased died of oxygen deprivation, caused by her head leaning in a certain way, was never raised during the prosecution hearing, which ran for two years in 2008.

"This judgment is to the best of my ability based on evidence placed before me. You have the right to appeal. If I am wrong, the Court of Appeal can reverse my decision." she said.

She made the ruling at the end of the defence's case after hearing six defence witnesses, including the accused.

Dr Jitweer was accused of murdering Shento, 46, at their house in Bandar Country Homes, Rawang between 7am and 8.10am on Oct 22, 2007 under Section 302 of the Penal Code.

Initially he was acquitted by the same court of murdering his wife on Aug 30, 2010.

However, on Aug 5 last year, the Federal Court overturned his acquittal and ordered him to enter his defence after allowing the prosecution's appeal to set aside the High Court's earlier decision.

Dr Jitweer was acquitted at the end of the prosecution's case without calling him to enter his defence.

The prosecution filed the appeal to the Federal Court against Dr Jitweer's acquittal after the Court of Appeal dismissed its appeal in September .

Dr Jitweer was represented by lawyer Sangeet Kaur Deo while the prosecution was conducted by deputy public prosecutor Wan Zuraida Wan Nawan. — Bernama

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Man jailed for chasing neighbour with iron rod

Posted: 20 Jun 2014 10:55 AM PDT

KOTA KINABALU: A local jobless man, who put his female neighbour in fear by chasing her while holding an iron rod, was jailed for one week by the magistrate's court here yesterday.

Hastomo Lantang, 31, pleaded guilty before Magistrate Cindy McJuce Balitus to committing the offence at Kampung Tanjung Aru Lama here on June 8.

He was convicted under Section 8 (1) (e) of the Minor Offences Ordinance which carries a maximum fine of RM25, upon conviction.

The facts of the case showed that when committing the offence he was in drunken state.

In a separate case, foreigner Al Raffie Nasser, 23, received eight months' imprisonment for trespassing into a house of a local man in Likas on June 9 and stealing a chain of keys and a camera.

Nasser, who had committed the offence with a friend who is still at large, had pleaded guilty under Section 457 of the Penal Code, which carries a maximum jail term of 14 years and also liable to a fine, upon conviction.

He was also ordered to be referred to the Immigration Department for further action after serving his sentence.

Meanwhile, Filipino Yusuf Japaruddin, 29, was sentenced to three months' jail for trespassing into a construction site at KK Times Square here on June 12.

He was caught by the security guard on duty after behaving suspiciously at the place.

The offence was framed under Section 447 of the Penal Code which carries a jail term of up to three months or a fine or both, upon conviction.

Prosecuting officer Assistant Superintendent Sabrina Jinius appeared for the prosecution.

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