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Contractor from Selangor to hang for drug trafficking BorneoPost Online | Borneo , Malaysia, Sarawak Daily News » Court - New 2 Sarawak

Contractor from Selangor to hang for drug trafficking

Posted: 15 Aug 2014 09:48 AM PDT

by Suraini Andokong. Posted on August 16, 2014, Saturday

KOTA KINABALU: The High Court here yesterday sentenced a site contractor from Selangor to death for trafficking in amphetamine estimated worth RM1 million three years ago.

Justice Azhahari Kamal Ramli meted out the sentence on Muhd Rizal Kamarudin, 33, after finding him guilty under Section 39B (1) (a) of the Dangerous Drugs Act 1952 which provides for the death sentence, upon conviction.

The accused was convicted of trafficking in the drug at a passengers' check point at the Arrival Hall of the Kota Kinabalu International Airport (KKIA) at 9.20am on Nov 18, 2012.

In his reserved decision, the court held that the defence put forward by the accused was bare denial and an afterthought defence.

The trial judge said that the accused created an impression that it was a so-called African man by the name of Johnny that asked him to carry the said baggage, which contained the said drug, from Kuala Lumpur to Kota Kinabalu.

However, the judge ruled that the accused did not explain why he only collected one baggage from the checkpoint. The accused said that he had already checked in before Johnny asked him to carry his (Johnny's) baggage under his name.

The judge questioned why the accused only collected one if he had already checked in two baggages.

Azhahari also ruled that there was no evidence to say that the said Johnny was at KKIA if indeed both of them sat together to Kota Kinabalu.

The judge held that on top of that, why had the accused kept the key of the padlock of the baggage, why there was no evidence that the said Johnny handed over the key to him.

He said taking this as totality, the judge found that the accused had failed to cast reasonable doubt on the prosecution's case and the accused was convicted on the said charge.

"I sentence the accused to death by hanging on his neck," Azhahari ruled.

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Foreigner jailed six years, caned for robbery

Posted: 15 Aug 2014 09:48 AM PDT

by Winnie Kasmir. Posted on August 16, 2014, Saturday

SANDAKAN: A foreigner was sentenced to six years' jail and three strokes of the cane by the Sessions Court here after finding him guilty of robbery.

Judge Egusra Binti Ali meted out the sentence on Ali B.Salih, 38, under Section 392 of the Penal Code which provides a jail sentence of up to 14 years and a fine, or whipping upon conviction.

According to the case fact, the accused had carried a wooden stick and entered a shop at Bandar Maju, Mile 1.5, around 11.30am on June 12, last year. He then acted aggressively towards the shop worker before taking away a sewing machine.

The accused was arrested by police during a crime prevention raid around 1.30pm on August 9, at Milimewa Supermarket, Sandakan Town.

From investigation, the accused was identified by the shop worker as the robber who had committed the robbery using a fatal weapon at their premises last year.

The court also sentenced the accused to three months' jail and two strokes of the cane under the Section 6(1) (c) Immigration Act for illegally staying in the country without a valid document.

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Cabby fined RM24,000 for ferrying illegals

Posted: 15 Aug 2014 09:47 AM PDT

KOTA KINABALU: A private taxi driver from Semporna was fined a total of RM24,000, in default, six months' jail by the Sessions Court here yesterday for allowing three illegal immigrants to remain in a car.

Mad Sidek Hamjah @ Pisto, 32, who was brought before deputy registrar of the High Court Mohd Hafizi Abdul Halim, who sat as judge, decided to change his not guilty plea under Section 55E (1) of the Immigration Act 1959/1963 to one of guilty when the case came up for trial.

The indictment carries a fine of between RM5,000 and RM30,000 or a jail term of up to 12 months or both for each illegal immigrant, upon conviction.

For each illegal immigrant, the accused was fined RM8,000.

The accused admitted to allowing the three Filipinos, namely, Agul Basarah, 28, Abbam Arakam, 43 and Abdun Nahar Abdan, 26, to enter a car which he was driving along Jalan Lintas at Taman Hilltop in Luyang at 4am on November 21, 2013.

Deputy public prosecutor Chan Qin Yee told the court that investigation revealed that the accused had allowed those immigrants to enter his car even though the accused knew that they had no valid travel documents and they could not speak Malay.

She also said that the accused allowed them to be in the car on the grounds that it was his source of income as a private taxi driver.

Counsel Sugumar Balakrishnan who represented the accused insisted that his client had no knowledge that the three men were illegal immigrants.

Chan pressed for a deterrent sentence to be imposed on the accused.

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Security guard gets four years’ jail for injuring wife, daughter

Posted: 15 Aug 2014 09:45 AM PDT

KOTA KINABALU: A security guard was sentenced to a total of four years' jail by the Magistrate's Court here yesterday for four counts of injuring his wife and physically abusing his daughter.

Deputy registrar of the High Court Ryan Sangirann Rayner Jr, found Roslan Rakam, 33, guilty of all the charges as he ruled that the defence had failed to cast doubt on the prosecution's case.

On the first and second counts, the accused was jailed one year each for injuring his wife, aged 24, who works as a cleaner, at a bedroom of an unnumbered house at Kampung Tengah Padang in Petagas on July 11 and 12, respectively.

He was convicted under Section 323 of the Penal Code which provides for a maximum jail of one year or with a fine or with both, upon conviction.

On the third to the fourth charges, he received another one year's jail each for hitting his four-year-old daughter at the same place on the same dates, respectively.

The offence was framed under Section 31 (1) (a) of the Child Act 2001 which is punishable by a fine of up to RM20,000 or a maximum 10 years' jail or both, upon conviction.

However, the court granted a stay of his execution pending his appeal to the High Court here and he is currently released on court bail, pending disposal of the appeal.

Rayner Jr, who presided as magistrate, ordered the accused, who was represented by counsel Datuk Nobert Chin, to serve his jail terms concurrently.

Deputy public prosecutor Chan Qin Yee had called five witnesses to testify against the accused while the accused was the sole defence witness.

In a separate case, a man claimed trial at the Magistrate's Court here yesterday to injuring his female friend.

Wasinin Duari, 38, who appeared before magistrate Cindy Mc Juce Balitus, was alleged to have caused hurt to a woman, aged 37 at the roadside of Jalan Kampung Ramaya in Putatan at 5.30pm on January 4.

The accused told the court from the dock that the victim wanted to withdraw her police report against the accused as they had settled the matter outside.

The victim who also present in court testified that she had decided to proceed with the case.

The court then fixed September 17 to re-mention the case and released the accused on a bail of RM2,000 deposited with RM1,500 with two local sureties.

Apart from that, he was also ordered to report to the investigating officer of the case every fortnight, pending disposal of the case.

In an unrelated case, labourer Aksa Sabdani, 47, was fined RM3,000, in default, six months' jail after he pleaded guilty to trespassing into a construction site at the city area on August 7.

Rayner Jr convicted him 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 officers Inspectors Azaman Hamat and Syahrin Ali prosecuted.

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Two Filipinos jailed over fake MyKad

Posted: 15 Aug 2014 09:44 AM PDT

KOTA KINABALU: The Magistrate's Court yesterday jailed two Filipinos for one year each for committing offences under National Registration Regulation 1990.

In the first case, Zulkipli Makin, 24, pleaded guilty before magistrate Cindy Mc Juce Balitus to possessing a fake MyKad on August 8 at Jalan Sutera Harbour here.

The accused was charged under Regulation 25(1)(e) for the offence which carries a jail term of three years and a fine not less than RM3,000 and not more than RM20,000, upon conviction.

The magistrate also ordered the accused to be referred to the Immigration Department for further action.

Prosecuting officer Inspector Azaman Hamat prosecuted.

In the second case, Zulkipli Jamaari, 33, pleaded guilty to having in his possession a local man's MyKad under the name of Melvin Swan.

Deputy registrar of the High Court Ryan Sagirann Rayner Jr, who presided as a magistrate, convicted the accused under Regulation 25(1)(o) which provides for the same punishment.

Prosecuting officer Syahrin Ali told the court that Zulkipli was arrested at Centre Point shopping complex here on August 10.

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Inspector testifies against accused in Taman Li Hua murder case

Posted: 15 Aug 2014 09:11 AM PDT

SIBU: Inspector Heng Kok How, 36, gave his testimony against murder accused Jacob Tiang at the High Court yesterday.

Tiang is accused of killing his wife Ling Yung Ming, teenage daughter Christine Tiang Soon Ai and toddler son Victor Tiang Soon Seng and attempted murder of another son Vincent Tiang on July 5 last year.

He faces three murder charges under Section 302 of the Penal Code that carries the mandatory death sentence upon conviction.

He also faces a charge under Section 307 of the same code for trying to kill Vincent.

The attempted murder charge carries a jail term of 10 years, or in this case, 20 years for causing hurt to Vincent while trying to kill him.

He also faces another charge under Section 309 of the same code for attempted suicide.

The section carries a maximum one year's imprisonment, or with a fine, or both.

During the examination in chief by Senior Federal Counsel Yaacub Chik, Heng said he brought Tiang to the house where the murder occurred in Pulau Li Hua on July 13 last year at about 2.40pm.

He said he also brought a police photographer to the house.

At the house, he seized a pair of long pants.

He said Tiang told him that it was the pants that he wore before he left the house.

The hearing resumes on Monday at 9am.

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