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‘Knights of the right keeper’ a welfare organisation — Witness BorneoPost Online | Borneo , Malaysia, Sarawak Daily News » Court - New 2 Sarawak

‘Knights of the right keeper’ a welfare organisation — Witness

Posted: 06 Jun 2014 10:33 AM PDT

KOTA KINABALU: A commanding officer of the 22nd Commando Regiment told the High Court here yesterday that the 'Knights of the Right Keeper' was a welfare organisation.

Referring to a newspaper article tendered by counsel Datuk N. Sivananthan during cross examination, Lt. Col. Adi Ridzwan Abdullah said he did not know if it was a social club.

"In that newspaper article, there are words 'Kappa Rho Kappa.' Did those words appear in one of the documents you seized on March 21, 2013 at Kampung Tanjung Batu (Lahad Datu)," asked Sivananthan, to which Adi Ridzwan replied: "Yes".

The army officer also acknowledged the words 'Royal Sulu Force' were printed on the document, as well as the words 'fraternity' and 'sorority'.

Earlier, Adi Ridzwan said an Armoured Personnel Carrier (APC) team led by Major Mohd Nasir Aziz, from the Fourth Regiment of the Royal Armoured Corps, did not assist him and his men in a 30-minute skirmish with armed intruders at Kampung Tanjung Batu on March 17 last year.

This, he said, was despite Mohd Nasir's team being about 300 metres away.

"The APCs could not enter the skirmish area because they had to pass through a settlement area to go there," he explained.

Sivananthan: Did you communicate with Major Mohd Nasir after the 30-minute shootout or did he communicate with you to find out what the shootout was all about?

Adi Ridzwan: No.

Sivananthan: After the 30-minute shootout, three armed intruders ran away, you did not bother to inform other team leaders to be on the look-out for them?

Adi Ridzwan: I did not inform them because the three intruders were not running towards their (other teams) area.

Adi Ridzwan also said he was not aware that a house was burnt down between March 19 and 20 last year at the Kampung Tanjung Batu where he and his team were carrying out a mopping up operation.

Thirty accused, comprising 27 Filipinos and three local residents are on trial.

The hearing before Justice Stephen Chung at the Sabah Prisons Department continues on June 16. — Bernama

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Man released on good behaviour bond for stealing gas tank

Posted: 06 Jun 2014 10:26 AM PDT

KUCHING: A magistrates' court released a young man who stole a gas tank on two years' good behaviour bond with a RM2,000 court bail yesterday.

Mohamad Azman Spawi, 28, from RPR Batu Kawa Phase One, was caught stealing a gas tank from a kitchen at a coffee shop, located at Goh Meng Tek Road in Sekama at 10.30am on May 30.

The brief facts of case revealed that on that day, the complainant, 27, and his friend, saw a man carrying away a gas tank from the kitchen at the coffee shop and putting it on his motorcycle.

The complainant and his friend gave chase to the accused who tried to escape on his motorcycle but failed and were nabbed by the duo.

The accused was then handed to the police for further action.

He had committed and offence under Section 380 of the Penal Code which carries imprisonment of up to 10 years and a fine.

In another case, 36-year-old Nazri Marzuki from Kampung Seketi in Lundu was given a two-year bond of good behaviour and a RM3,000 court bail for stealing cheese from a supermarket at Jalan Song

On May 30 at 5.30pm at a supermarket at Jalan Song, he had stolen seven units of cheese, each weighing 250grammes worth RM12 per unit.

The complainant saw the accused stealing the cheese through a close circuit television (CCTV) and as the accused was walking out of the supermarket with the stolen items towards his car parked in front of the supermarket, the complainant and two other employees stopped the accused.

The complainant then lodged a police report and the accused was arrested.

He had committed the offence under Section 380 of the Penal Code.

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Medical negligence: 9-year-old girl awarded RM2.78 million

Posted: 06 Jun 2014 10:13 AM PDT

KUALA LUMPUR: A nine-year-old girl was awarded RM2.78 million in damages by the High Court here yesterday, in a suit against the government, hospital and 28 others over medical negligence which allegedly caused her to suffer brain damage.

Counsel Manmohan S Dhillon, representing the child, Nurul Husna Muhammad Hafiz told reporters that Judicial Commissioner Vazeer Alam Mydin Meera ordered the money to be paid to her parents, Muhammad Hafiz Abd Wasit and Dr Nor Azalina Mohd Songib who acted as the child's trustees.

He said the court awarded the amount after hearing testimonies on the quantum of damages from the parents and three medical experts. Manmohan said on Sept 3, last year, the government, hospital and all the defendants admitted to liability for negligence.

He further said the amount of RM2.78 million involved RM345,031.90 for special damages, RM151,330 for pre-trial damages, RM350,000 for pain and suffering damages and RM1,937,810 for future damages.

"The court told the parents that they are the trustees and must use the money for the child," he said, adding that the court had also ordered the defendants to pay RM213,864 in costs to the plaintiff.

The father, bank officer Muhammad Hafiz, asked to comment on the ruling said he was satisfied with the quantum as the money would be used to take care of his daughter in future.

In December 2012, Nurul Husna filed her suit through her parents. Nurul Husna and her mother, Nor Azalina were not present in court yesterday.

In the statement of claim, Nor Azalina claimed that Nurul Husna had suffered severe and irreversible brain damage as a result of the negligence of the defendants. Nor Azalina said she had delivered Nurul Husna at Selayang Hospital on July 22, 2005.

In the suit, they named the Government, 21 doctors and eight medical staff including nurses, who were involved in treating and managing the child at the hospital, as defendants.

Nor Azalina said the negligence and breach of contractual duty to exercise reasonable care and skill had caused her to suffer anxiety and mental anguish.

She said Nurul Husna was, and would for the rest of her life be dependent on others for all of her activities in daily living.

Senior Federal Counsel Zaliha Mohd Janis acted for the defendants. — Bernama

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Restaurant worker gets jail, cane for robbery

Posted: 06 Jun 2014 09:53 AM PDT

by Amy Dangin. Posted on June 7, 2014, Saturday

KOTA KINABALU: A restaurant worker was sentenced to eight years' jail and three strokes of the cane by the Sessions Court here yesterday for robbery and causing injury to a 49-year-old woman.

Judge Azhaniz Teh Azman Teh passed the sentence on Shernan Frazier, 21, after the latter pleaded guilty to the offence.

The accused, with an accomplice, were charged for robbing a 49-year-old woman of her handbag which contained a mobile phone, documents, and RM2,500 cash, with a total loss of about RM3,000.

While committing the offence, the accused was also said to have caused injury on the victim who sustained a cut on her chin by a knife the accused had used to threaten her before grabbing the handbag from her.

The offence, under Section 395/397 of the Penal Code, carries an imprisonment of up to 20 years and whipping, upon conviction.

According to the facts of case, on May 22, at 12.30pm, at the parking space behind Bank Simpanan Nasional, Jalan Kepayan, the complainant was on her way to her vehicle after withdrawing cash from BSN when the two suspects, including the accused, on a motorcycle approached her.

The accused then got off the motorcycle and walked towards the complainant and pointed a knife at the latter's neck. The complainant sustained a cut on her chin when the accused tried to grab her handbag.

The accused and his accomplice then fled using the same motorcycle towards the main road, while the complainant shouted for help.

The complainant was then treated at the Queen Elizabeth Hospital and received three stitches for the injury on her chin.

During mitigation, the accused pleaded for a lenient sentence on the grounds that he was "not completely himself" when the offence was committed.

However, the prosecution rebutted, pointing out the rampancy of such offence and that heavier sentence should be imposed to deter would-be offenders.

Meanwhile, the court fixed June 12, for re-mentioning of the case of Mohd Fairul Abd Razak, 20, after he pleaded not guilty to the same charge.

The court ordered for Mohd Fairuz to be remanded under Section 259 of the Criminal Procedure Code for not possessing a valid identification document.

Deputy Public Prosecutor Dominic Chew Ban Huat prosecuted.

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Sept rape, sodomy trial for cop

Posted: 05 Jun 2014 10:59 AM PDT

by Natasha Sim. Posted on June 6, 2014, Friday

KOTA KINABALU: The Sessions Court here yesterday fixed Sept 1–12 this year for the trial of a police officer for raping and sodomising a minor.

Judge Azhaniz Teh Azman Teh set the new dates at the mention of Deputy Superintendent Police Rohaizat Abd Ani's case yesterday.

The accused was not present in court here yesterday and was represented by counsel Timothy Daut, who was standing in for counsels Ram Singh and Zahir Shah.

On Aug 2, 2013, Rohaizat claimed trial under Section 376 (1) of the Penal Code to three counts of raping the 13-year-old girl in different rooms of a hotel here on Feb 1, 2012; Feb 2, 2012; and sometime in May 2012 between 7pm and 8.30pm.

The accused also denied the charge under Section 377B of the same Act of sodomizing the girl on Feb 1, 2012 at about 3.30am inside a room of the same hotel here.

Each of the four charges carries a maximum custodial sentence of 20 years and also whipping upon conviction.

The court made a remark that should the accused be absent again, a warrant of arrest would be issued against him as there was also no letter to excuse the absence of the accused yesterday.

Deputy public prosecutor (DPP) Wan Azwan Aiman Wan Fakhruddin, standing in for DPP Afzan Abd Kahar, informed that the prosecution would be ready with 22 witnesses.

Meanwhile, Azhaniz fixed July 8 – 9 for the trial of Andin Salim, 23, who had maintained a plea of not guilty to a charge for raping an underage girl, when his case came up for mention.

He allegedly raped the 15-year-old victim inside the storeroom of a premises, in Menggatal on Nov 30, 2013, at around 2.30am.

The charge under Section 376 (2) (d) of the Penal Code provides for maximum 20 years' jail and whipping, upon conviction.

DPP Nartiah F Mirchelle Sambatan acted for the prosecution while the accused was represented by counsel Martin Tommy.

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‘Knight of the Right Keeper’ membership card found at Kpg Tanjung Batu

Posted: 05 Jun 2014 09:39 AM PDT

KOTA KINABALU: A membership card of a society known as 'Knight of the Right Keeper' was discovered by security forces carrying out a mopping up operation at Kampung Tanjung Batu, Lahad Datu, on March 21 last year, the High Court here heard yesterday.

When identifying the card in court, commanding officer of the 22nd Commando Regiment, Lt. Col. Adi Ridzwan Abdullah said the words were printed at the top of the card, with its initials 'KRK' printed in the middle, while the cardholder's name was 'Hamsan Hamja'.

He said the words 'Knight of the Right Keeper' also appeared on a small piece of paper which was inside an envelope.

"There are five signatures on this document which are the same as the signatures on the envelope," he added.

Adi Ridzwan said the name 'Hamsan Hamja' was also stated on another card found at the village.

"The words on the (second) card is 'Sultanate of Sulu and North Borneo(Sabah). It has a signature of 'Datu Raja Muda Agbimuddin Kiram, Royal Defence Minister'," he said.

He said the name appeared again on a piece of paper bearing the words 'Sultanate of Sulu' at the top.

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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