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Former teacher held for rape released on bail BorneoPost Online | Borneo , Malaysia, Sarawak Daily News » Court - New 2 Sarawak

Former teacher held for rape released on bail

Posted: 01 Aug 2014 12:33 PM PDT

SARIKEI: A former teacher arrested by the police two weeks ago to facilitate investigation into the alleged rape of an underage girl who subsequently became pregnant was yesterday released on bail.

The one-month bail period took effect from yesterday upon expiry of the 14-day remand granted by the magistrates' court earlier on.

Prosecuting officer Inspector Anbarasu Gobind said the police were still waiting for the outcome of a chemist's report before deciding on the next course of action, adding, the victim had given birth to a boy on July 19 in Sibu Hospital.

If there is sufficient evidence, the suspect would most likely be charged with statutory rape under section 376 of the Penal Code.

The 34-year-old suspect was arrested on July 19 following a report lodged by the victim at the police station here.

In her report, the victim claimed that the first time the suspect had sex with her was in 2012, but she could not remember the exact date.

Another time they had sex was one night in October last year when the suspect brought her to his friend's house at Jalan Lajung off Nyelong Bypass, where she claimed they had sex in one of the rooms.

The last time they had sex was during the last Chinese New Year celebration, said the girl, adding, that in total, she remembered having sex with him on six occasions between 2012 and early this year.

The victim also claimed to have informed the suspect when she realised she was pregnant in January this year.

As the suspect had only asked her to abort her pregnancy instead of taking responsibility, she decided to lodge a police report, the victim said.

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Two fined RM2,000 for drunk driving

Posted: 30 Jul 2014 09:23 AM PDT

KOTA KINABALU: Two local men were separately fined RM2,000 in default four months in jail for drunk driving.

Magistrate Ryan Saginann Rayner Jr imposed the sentence on Janerius Nicholas Michael, 38, and Blasius Anton, 27, after they pleaded guilty to the offence, which is framed under Section 45 A (1) of the Road Transport Act 1987, carries a fine of not less than RM1,000 and not more than RM6,000, in default one year's jail.

They were found to have committed the offence between May 3 and July 21 this year, at the Jalan Lintas-Kota Kinabalu and Jalan Coastal, here, respectively.

Prosecuting officer Chief Inspector Lim Swee Beng prosecuted.

Meanwhile, six local men were fined RM400, in default, two weeks' and three weeks' jail separately, by the Magistrates' Court here yesterday, for driving with expired driving licences.

Wong Chu Teck, 43, Chong Ching Hua, 22, Tsen Jun Siung, 28, and Abdul Majid Zauri, 26, all pleaded guilty to the offence before Magistrate Ryan Saginann Rayner Jr, while Stiven Chung Chee Sing, 23, and Mohd Amirul Sfiq Yunus, 18, pleaded guilty to the offence before Magistrate Cindy Mc Juce Balitus.

All of the accused were found to have committed the offence between March 22 and June 17 this year, at separate locations including, Jalan Tuaran Lama, Jalan Tun Fuad Stephen, Jalan Kolam, Jalan Nountun, and Jalan Lintas-Kepayan, here.

The offence is punishable under Section 23 (1) of the Road Transport Act 1987 which carries a maximum fine of RM2,000.

Meanwhile, Tsen and Abdul Majid were also charged with another offence, which is not possessing a valid third-party insurance policy, for which they were each fined another RM350 each, in default two weeks jail.

They pleaded guilty to the offence which is punishable under Section 90 (1) of the Road Transport Act 1087 read with Section 90 (2) of the same Act.

It carries a fine of not more than RM1,000 in default up to three months' jail term.

Prosecuting officer from the Road Transport Department (RTD), Fung Chun Jen, prosecuted.

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Foreigner jailed four months for overstaying

Posted: 30 Jul 2014 09:22 AM PDT

KOTA KINABALU: A 39-year-old foreign man was sentenced to four months in jail by the Sessions Court here yesterday, for overstaying in the state.

Judge Azreena Aziz imposed the sentence on Asis who pleaded guilty to the offence under Section 15 I1) (c) of the Immigration Act 1959/63 (Act 155).

The accused, who had overstayed for two months, was found to have committed the offence on July 23 this year, at 12.30pm, at a hut near the Kota Kinabalu Police Headquarters residential area, here.

The offence carries a maximum fine of RM10,000, or five years' jail, or both upon conviction.

The court also ordered Asis to be referred to the Immigration Department, after serving the sentence.

In a separate case, the court fixed August 14 this year for case management of a man who was charged with entering the state without valid documents.

Bardin, 39, pleaded not guilty to the offence framed under Section 6 (1) (c) of the Immigration act 1959/63, which carries a maximum fine of RM10,000, or jail term of up to five years, or both, and six strokes of the cane, upon conviction.

No bail was offered to the accused and was ordered to be remanded under Section 259 of the Criminal Procedure Code.

Deputy public prosecutor, Chaw Kiong Siang prosecuted.

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Housewife pleads not guilty to trafficking, possessing drugs

Posted: 25 Jul 2014 09:40 AM PDT

KOTA KINABALU: A housewife was charged in the Magistrate's Court here yesterday with three charges of drugs trafficking and possession.

On the first count, Finsensia Paulin Kolin, 32, who was brought before deputy registrar of the High Court, Ryan Sangirann Rayner Jr, was alleged to have trafficked in 50.80 grams of syabu at an unnumbered house at Kampung Madsiang in Penampang at 6.20pm on July 14.

The accused, who was represented by counsel P.J Perira, is liable to the death sentence, if found guilty of the charge under Section 39B (1) (a) of the Dangerous Drugs Act (DDA) 1952.

On the second charge, she was allegedly in possession of 1.76 grams of cannabis at the same time and place.

The offence was framed under Section 6 of the DDA 1952 which is punishable by a jail term of up to five years or a fine, upon conviction.

On the third count, she was accused of having 0.82 gram of syabu at the same place at 3.45pm on July 15.

She was charged under Section 12 (3) of the DDA 1952 which carries a maximum fine of RM100,000 or a jail term of up to five years, or both, upon conviction.

No plea was recorded from the accused for all the three charges.

Rayner Jr, who sat as a magistrate, fixed September 5 this year to re-mention all her cases and she is currently detained in custody pending disposal of the case.

Meanwhile, the same court convicted seven local men of separate charges of consuming syabu.

Three of them received RM1,800 fine, in default, four months' jail while the rest were each sentenced to four months' jail.

Prosecuting officer Inspector Syahrin Ali told the court that the seven accused were arrested at Karamunsing police station and Kampung Lokub in Menggatal between May 29 and June 3.

All of them were also ordered to be placed under police supervision for two years.

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Ex-sales manager jailed, fined for stealing

Posted: 24 Jul 2014 10:21 AM PDT

by Suraini Andokong. Posted on July 25, 2014, Friday

KOTA KINABALU: A former company sales manager was jailed two weeks and fined RM4,000, in default, two months' jail by the Sessions Court here yesterday for stealing cash from his employer.

Judge Azreena Aziz imposed the sentence on Andy Anak Ugin, 33, after he pleaded guilty to the charge under Section 381 of the Penal Code which carries a maximum jail of seven years and also liable to a fine, upon conviction.

The accused, who was represented by counsel Tengku Fuad Ahmad, was also ordered to pay compensation of RM2,500 fine, in default, two months' imprisonment.

However, the court allowed his stay of execution pending his appeal at the High Court here.

Andy admitted to stealing RM2,200 belonging to the company at Suria Sabah, on March 31.

Deputy public prosecutor Aida Jaafar Mad Ariff told the court that on the incident day, a female customer came to the shop to buy an exercise equipment worth RM2,200.

The female customer dealt with a staff there who later asked the customer to give the cash payment to the accused, who was then the shop sales manager.

Aida further explained that a receipt was issued by the accused but the product was unavailable on that day as it was out of stock.

On April 10 at about 6pm, the same customer came to the shop and wanted to meet the accused to take the product. A staff, who is also the complainant in this case, checked the receipt and found no record of transaction had been made.

The complainant also checked with their office in Kuala Lumpur and found out that the receipt was issued from a missing receipt book.

The accused was at that time no longer working with the company as he had resigned on April 6.

In his mitigation, counsel said his client pleaded for a light sentence and explained that the purpose of taking the cash was, at that material time, his client had just moved to their new house and needed the money to pay rental fees.

Tengku Fuad also urged the court to take into account that his client had been remanded for 13 days since the first arraignment of his case.

Aida applied for an appropriate sentence to be imposed on the accused and asked for compensation to be made to the said company.

The prosecution also argued that the accused was only remanded in custody for three days instead of 13 days as alleged by the accused.

In an unrelated case, the Magistrate's Court here put off to August 19 the sentencing of a Filipina who had pleaded guilty to soliciting for the purpose of prostitution.

Deputy registrar of the High Court Ryan Sangirann Rayner Jr, who sat as a magistrate, adjourned the sentencing of Cyril Rivera, 21, at the request of prosecuting officer Inspector Syahrin Ali.

Syahrin told the court that there was no extra copy of the accused's First Information Report included in the investigation paper as the only copy had already been tendered to the court during her case at the Immigration Court.

The court then set August 19 for re-mention of the case.

The undefended accused was caught committing the offence under Section 372B of the Penal Code at a hotel near Jalan By-pass in Penampang on July 16.

The charge carries a maximum jail of two years and also liable to a fine, upon conviction.

She was also charged with consuming syabu at the Penampang police station on July 17.

No plea was recorded from Cyril who faces the charge under Section 15 (1) (a) of the Dangerous Drugs Act 1952 which is punishable by a maximum fine of RM5,000 or a jail term of up to two years, upon conviction.

The court also set the same date to re-mention her case pending the production of her urine analysis report for the drug abuse.

In the Immigration Court, she was sentenced to four months' jail after she admitted to entering the state illegally.

Prosecuting officer Inspector Syahrin Ali prosecuted.

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Sundry shop operator freed of charge

Posted: 24 Jul 2014 09:38 AM PDT

KUCHING: A sundry shop operator was set free after he was discharged and acquitted from a charge of illegally selling paddy and rice by a Magistrate's Court.

Magistrate Zulhairil Sulaiman made the decision after finding that the prosecution failed to establish a prima facie case against Muahini Bakri.

Muahini, 47, was facing two charges for allegedly failing to produce records of the paddy and rice selling activities at a warehouse at Jalan Bako when an inspection was conducted by officers from the Ministry of Agriculture and Agro-Based Industry around 1.30pm on July 29 last year.

Defence counsels Roger Chin and Sunny Si represented him while officer Mohd Ashik Abdul Rahman from the ministry prosecuted.

According to the counsels, among the reasons for the acquittal was that the rice or any picture of the rice which was supposed to be the main exhibit was never tendered in court during trial.

The defence team also submitted to court that during the raid conducted, Muahini was not at the warehouse and could not be accused of failing to comply with the requisition form.

During the raid, a seizure list was given to a worker at the warehouse but it was not signed by Muahini.

In the seizure list, there was also requisition form asking for the trading licence of the company, record book and the form was not given to the accused as he was not at the premises and he could not be accused as per charge, they said.

One of the charges also accused him of not labelling the bags of the rice according to its type but the counsels said there was no proof on that tendered to court.

Muahini was also accused of buying the rice from unauthorised companies, however there was also no proof on the accusation but instead the prosecution had tendered a few invoices which were from an authorised company, they said.

All the offences come under the Control of Padi and Rice Selling Act 1994 and punishable Section 22(1) of the same act which provides for a fine up to RM15,000 or imprisonment of up to two years for individual while for a company, the penalty will be up to RM15,000 fine and jail up to five years, upon conviction.

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