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Two friends fined RM850 each for cable theft BorneoPost Online | Borneo , Malaysia, Sarawak Daily News » Court - New 2 Sarawak

Two friends fined RM850 each for cable theft

Posted: 26 Jun 2014 12:53 PM PDT

KUCHING: A magistrates' court here yesterday fined two friends RM850 each after they pleaded guilty to cable theft and criminal trespassing.

Muhammad Ariff Mohd Raziff, 25, and Mohd Norhazizi Hipeni, 23, both from Kampung Sungai Bedil Besar in Petra Jaya admitted to committing the offences before Magistrate Portia Tham.

For the first charge, they were both fined RM500 each in default three weeks' jail each for stealing lightning conductor cables weighing 6kg worth about RM200 from the Sarawak Energy substation at Jalan Gersik on June 18 around 5.50pm.

They were convicted under Section 379 of the Penal Code read together with Section 34 of the same act for the theft, which provides for up to seven years in prison, a fine, or both.

For the second charge, they were each slapped with an RM350 fine in default two weeks in jail for trespassing into the substation, which belongs to Sarawak Energy without permission during the time they committed the first offence.

Criminal trespassing, under Section 447 of the Penal Code, provides for up to six months in jail or a fine up to RM3,000, or both.

According to the facts of the case submitted by prosecuting officer Inspector Ezan Suhaila Sulaiman, the complainant was monitoring a close circuit television (CCTV) feed when he spotted two men wandering around the substation before entering the area and stealing the cable.

The complainant informed his colleague, who immediately alerted the police.

In less than two hours, the suspects were caught red-handed at the substation by the police and the lightning conductor cable was seized as an exhibit.

Meanwhile, in the same court room, the magistrate also imposed a RM400 fine in default two weeks' jail after a man pleaded guilty to have trespassed into a woman's house in Petra Jaya.

Zulfitri Bidi, 22, from RPR Bandar Baru Semariang, Jalan Sultan Tengah, pleaded guilty to committing the offence around 1pm on June 21.

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High Court allows appeal against robbery conviction

Posted: 26 Jun 2014 12:51 PM PDT

KUCHING: A man succeeded in getting the High Court to set aside his sentence of eight years' jail and eight strokes of the rotan after his appeal against a robbery conviction was allowed yesterday.

Justice Mairin Idang alias Martin, who made the decision on the appeal made by Goh Kia Chai, 34, from Matang, ordered for him to be re-tried in the Sessions Court.

On Feb 26 this year, Goh was found guilty of causing hurt to a woman while robbing her of her handbag in front of a bakery at Jalan Satok around 1.15pm on Feb 18 this year.

He was charged under Section 394 of the Penal Code, which provides for a penalty of up to 20 years in jail and whipping.

The Sessions Court, where the case was fixed for trial again, reserved July 3 for pre-trial case management and Oct 29-31 to hear the case.

Defence Counsel Osman Ibrahim represented Goh, while Deputy Public Prosecutor Musli Abdul Hamid prosecuted.

In an unrelated case, three men who had been remanded by police since last Sunday to facilitate the investigation of a brawl at a nightspot at Jalan Tabuan over the weekend were yesterday released unconditionally.

Court Registrar Abdul Razak Senawi made the decision after he found that there was not enough evidence to charge them in court.

The four-day remand order on the men aged between 16 and 34 expired yesterday morning.

Defence Counsel Lim Lian Kee represented them.

A fight near a nightspot at Jalan Tabuan last Saturday saw a pub owner attacked by a group of people armed with dangerous weapons when he was about to close the premises.

The victim received several stitches on his face after being attacked with a wooden club, metal rod and chains.

It is learnt that the police had to open fire five times to disperse the group of about 30 to 40 persons at the scene.

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Illegal rally: High Court upholds conviction of 10

Posted: 26 Jun 2014 12:20 PM PDT

TAIPING: The High Court yesterday upheld the conviction of 10 of 13 people found guilty of taking part in an illegal assembly at Jalan Istana, Bukit Chandan five years ago.

Justice Datuk Ahmad Nasfy Yasin quashed the two years' jail sentence but retained RM5,000 fine imposed on the 10 people.

They were Bad Latif Mansor, 48, Suhana Abdullah, 50; Mohd Faiz Mohd Arshad, 27; Zulhaizam Zulkifli, 30; Isha Riduan Ishak, 60; Adi Hilmee Mohdb Nasir, 45; Mohamad Nazeer Hameed, 48; Khairul Azmi Hassan Basri, 49; Mohd Hasri Ismail, 40; and Mohamed Ismail S M Abdul Kadir, 48.

"The court is of the opinion that the decision made by the Kuala Kangsar Sessions Court was harsh and inappropriate," said Ahmad Nasfy after listening to the defence's appeal to set aside the two years' jail sentence and RM5,000 fine imposed on 13 people by the Kuala Kangsar Sessions Court on Sept 13 last year.

They were charged with taking part in the illegal assembly at 3.30pm on Feb 6, 2009 to protest the appointment of the Perak menteri besar.

All 13 people were charged under Section 145 of the Penal Code which carries a jail term not exceeding two years or a fine or both.

Three others were acquitted and discharged for taking part in the same illegal assembly.

They were Idris Mohd Thaib, 49, Yusoff Jaafar, 49, and Meor Safizal Meor Mohamed Amin, 39.

Defence Counsel Aminuddin Zulkipli appeared for the 13 people while Deputy Public Prosecutor Masri Mohd Daud prosecuted. — Bernama

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Two plantation workers get 15 years’ jail for homicide

Posted: 26 Jun 2014 10:41 AM PDT

by Azmie Lim. Posted on June 27, 2014, Friday

LAHAD DATU: Two plantation workers were each sentenced to 15 years' jail by the Sessions Court here on Wednesday for homicide not amounting to murder of fellow workers in two separate cases in 2013.

In the first case, Dudoy Lidama, 26, was sentenced to 15 years' jail by Judge Amir Shah Amir Hassan after he pleaded guilty to causing the death of one Thomas Dominikus, 46, at their quarters in Sahabat 30, Felda Sahabat, at about 8.00 pm on October 26, 2013.

Prosecuting officer, Inspector Josephine AK Seliman, related to the court that before the incident occurred, the accused, the victim and a friend, Juju Sande, were reportedly drunk from consuming alcohol after a drinking session at their house. Juju was said to have home before the incident occurred.

At about 8.00 pm, while chatting with each other, the accused, Dudoy, and the victim, Thomas, started arguing and blaming one another for the lack of rice stock in their house.

Dudoy then requested Thomas to ask for rice from their employer, but the latter refused and instead accused Dudoy of causing the depletion of the rice stock since staying there with him.

The duo began fighting at the verandah with the victim, Thomas, punching the accused, Dudoy, and causing him to fall to the ground.

Thomas later went into his bedroom to take out a weapon while the accused, Dudoy, took a clothesline wire and went after Thomas.

Thomas did not manage to reach his room and instead ran towards the kitchen but Dudoy cornered and punched Thomas and as he fell wrapped the clothesline wire around Thomas' neck and strangled him to death. The accused, Dudoy, later surrendered himself to the Cenderawasih Police Station.

In the second case, Judge Amir Shah Amir Hassan, sent Filipino, Marlon Nabaris, 28, to jail for 15 years for causing the death of Behelio at the staff quarters of a plantation at Jalan Permai, on August 1, 2013.

Inspector Josephine told the court that the accused, Marlon, was arrested at about 1.15 am on August 2, last year after a police personnel received information that a plantation worker was killed and that his body was being brought to his house for a funeral.

Police investigation revealed that both the victim and the accused had attended a birthday party at the plantation. The victim, who was reportedly drunk at the time, had begun disturbing the children and was accordingly rebuked by the accused. In retaliation, the victim then slapped the accused.

Seeing that the victim was drunk, the accused offered to take him home. However, while on the way, the victim attacked the accused and in the ensuing melee, the accused reportedly stabbed the victim to his death. Their colleagues later found out about the incident decided to bath the victim in the river and put the body in a coffin for funeral.

Following a post-mortem, a doctor found 18 stab wounds on the victim's body and the cause of death of the victim was attributed to five stab wounds to the chest which severely wounded his lung, heart, and respiratory tract.

The judge ordered both accused to serve their respective sentences from the date of their arrest and to be thereafter referred to the Immigration Department for deportation to their country of origin.

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AG’s Chambers to intervene in two child custody cases

Posted: 26 Jun 2014 10:24 AM PDT

PUTRAJAYA: The Attorney-General's Chambers will apply to intervene in the proceedings of two child custody cases which have been decided by the Civil High Court and Syariah High Court involving parents of different religions.

Attorney-General Tan Sri Abdul Gani Patail said the first case involved S Deepa and Izwan Abdullah @ N Viran of Negeri Sembilan, while the second case involved Indira Gandhi and Mohamad Riduan Abdullah @ K Pathmanathan in Perak.

"Both cases have raised constitutional questions on the role of the Syariah Court and the Civil Court, especially in interpreting Article 121 (1A) of the Federal Constitution.

"As both cases have become contentious, involving religious sensitivities which could threaten public order as well as raised questions on the constitution, the AG's Chambers will apply to intervene in the proceeding of both cases at the Appeals Court and Syariah High Court in Seremban and to apply for suspension of the orders issued by the Civil High Court and Syariah High Court on the Royal Malaysia Police," he said in a statement here yesterday.

In the first case, the Seremban Syariah High Court gave custody of both children, Nur Nabila Izwan (V Sharmila), 8, and Muhammad Nabil Izwan (V Mithran), 5, to the father who embraced Islam on Sept 19 last year and the order was amended on October 7 by directing police to provide assistance to the father in acquiring custody of the children.

However, on April 7, the Seremban High Court gave custody of both children to the mother and issued an order to get custody of the son, Mithran on May 21.

"The order, among others, directed any authorised police officer to take the child into police custody and hand him over to the mother," the statement said.

In the second case, the Ipoh Syariah High Court on Sept 29, 2009 only ordered the custody of three children, Umu Salamah Muhammad Riduan, 12, Abu Bakar Muhammad Riduan, 11, and Umu Habibah Muhammad Riduan, 1, to the father who embraced Islam.

However, the Ipoh High Court on March 11, 2010 ordered custody of the three children to be given to the mother with weekly access to their father.

"On May 30, the Ipoh High Court issued an order to get custody of Prasana Diksa (Umu Habibah Muhammad Riduan). The order, among others, directed authorised police officer to take custody of the girl and return her to the mother," the statement said.

Abdul Gani said the move to intervene at the Appeals Court was taken to ensure the issues that arose in both cases were finalised once and for all, fairly, peacefully and harmoniously according to the Federal Constitution and the laws in effect.

Apart from that, the intervention in both cases was also because the Attorney-General's Chambers was considering to apply to the Federal Court to obtain a final decision on constitutional questions arising from both cases, he said. — Bernama

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Altantuya murder case: Federal Court reserves judgement prosecution’s appeal

Posted: 25 Jun 2014 12:32 PM PDT

PUTRAJAYA: The Federal Court here yesterday reserved its judgement in the prosecution's appeal against the acquittal of two former Special Action Unit (UTK) personnel on a charge of murdering Mongolian woman Altantuya Shaariibuu.

Chief Justice Tun Arifin Zakaria, chairing a five-member panel, deferred their decision to a date which would be announced on a later date after the prosecution and defence ended their submissions yesterday.

The panel, also comprising Chief Judge of Sabah and Sarawak Tan Sri Richard Malanjum and Federal Court judges Tan Sri Abdull Hamid Embong, Tan Sri Suriyadi Halim Omar and Tan Sri Ahmad Maarop, heard submissions in the appeal for three days from Monday.

The prosecution is appealing against the Court of Appeal's decision in acquitting Chief Inspector Azilah Hadri, 37, and Corporal Sirul Azhar Umar, 42, on a charge of killing Altantuya, 28, at Mukim Bukit Raja in Shah Alam between 10pm on Oct 19 and 1am, the following day in 2006.

The Court of Appeal had on Aug 23, last year allowed the appeal brought by the two policemen to set aside the 2009 Shah Alam High Court's decision in finding them guilty for the woman's murder and sentenced them to death.

Former political analyst Abdul Razak Baginda, 50, who was charged with abetting Azilah and Sirul Azhar, was acquitted by the High Court on October 31, 2008 after it held that the prosecution failed to establish a prima facie case against him.

The prosecution did not appeal against his acquittal.

In today's proceeding, Sirul Azhar's counsel Kamarul Hisham Kamaruddin argued that his
client was being made a scapegoat.

Justice Arifin then said: "If he is being made a scapegoat, he must be able to say why and by whom.

"Everyone would say that.You can't say you are being made a scapegoat for no reason." Kamarul Hisham said there were two reasons for a person being made a scapegoat, firstly when someone was framing the person and secondly, evidence against a person was fabricated by the police.

"My client is saying that evidence was fabricated against him," he said, adding that Sirul Azhar did not know why he was being targeted.

Kamarul Hisham said the real person who committed the crime was not called to court.

He said after police suspected Sirul Azhar based on some evidence, they could have fabricated more evidence to bolster their case.

Kamarul Hisham also said the Court of Appeal was correct to rule that the High Court judge misdirected himself when he did not address the issue of common intention to commit murder, although he found both policemen guilty on the murder charge.

He said the CCTV which captured Sirul Azhar exiting the toll gate towards Kota Damansara did
not incriminate him as it was the way he normally used to return to his home in Jalan Semarak.

He also said that Sirul Azhar's presence, together with Azilah, at Abdul Razak's residence and at Hotel Malaya, where Altantuya was staying, was in doing their duties as police personnel.

In his reply, Deputy Solicitor-General II Datuk Tun Abdul Majid Tun Hamzah said there were circumstantial evidence pointing the two policemen to the crime.

He said Azilah's defence alibi of being at Wangsa Maju was demolished by the prosecution's evidence adduced through the call logs which disclosed that he was in Bukit Aman and then at Abdul Razak's residence.

Tun Majid said police investigation also showed that Altantuya was taken in Sirul Azhar's car, adding that the woman's jewellery was also found in Sirul Azhar's black jacket. — Bernama

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