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PUTRAJAYA – A man was charged in the Special Court for Sexual Crimes Against Children here today with raping his 15-year-old girlfriend, who had subsequently given birth.
The accused, aged 21, however, pleaded not guilty to the rape charge.
He was alleged to have raped the girl in a room of a house in Subang Jaya in October last year.
The charge, under Section 376 of the Penal Code, provides an imprisonment for up to 20 years and whipping, if found guilty.
The prosecution, represented by deputy public prosecutor Nordalina Ali, did not offer bail as the offence was serious, adding that the girl gave birth to a baby last July.
“The baby’s DNA report has yet to be obtained. The baby was born last July and I fear the accused will intimidate the prosecution witness, especially the victim, if he is allowed bail,” she said.
However, lawyer M.Tharuma Ratnam, representing the accused, requested the court to allow his client bail as there was no possibility of him fleeing.
Judge Yong Zarida Sazali then set bail at RM10,000 and ordered the accused not to disturb the victim.
She also set Sept 26 for mention. – BERNAMA
KOTA KINABALU – The Sessions Court here today postponed the trial involving a former Sabah State Water Department director (JANS) and two others, who are accused of money-laundering, to next year.
Judge Abu Bakar Manat fixed 17 days of trial between Feb 5 to March 22 next year to allow the defence to clear all housekeeping matters in preparation for the trial following their request for postponement.
“Once the trial dates are fixed, the court will not entertain any postponement unless there is a near death situation. Therefore, ample time is given for all matters (on the case) to be resolved,” he said.
On Feb 28, Abu Bakar had fixed 16 days of trial between July 4 and Aug 25 this year.
In the dock are former JANS director Ag Mohd Tahir Mohd Talib, 55, his wife Fauziah Ag Piut, 52, and Sabah Ministry of Finance’s technical and engineering adviser Lim Lam Beng, 63, who claimed trial for laundering RM61.48 million and owning luxury goods from illegal activities.
They were charged under Section 4 (1) of the Anti-Money Laundering, Anti Terrorism Financing (AMLATFA) Act 2001, which carries a maximum 15-year imprisonment and a fine not less than five times the amount or value of the proceeds from illegal activities or equipment, or RM5 million, whichever is higher, upon conviction.
Counsel PJ Pereira, who represents Ag Mohd Tahir and Fauziah, requested at least six months postponement from today to allow Ag Mohd Tahir’s accountant to prepare a report stating that RM30 million had belonged to him (Ag Mohd Tahir).
Lim’s counsel Baldev Singh also required time to sort out matters on his client’s application to the Kota Kinabalu High Court to bring in a lead counsel from the peninsula for the trial.
Malaysian Anti Corruption Commission deputy public prosecutor Tengku Amir Zaki Tengku Abdul Rahman said although the prosecution was ready to begin trial as soon as possible, they did not object to the postponement.
Tengku Amir Zaki told the court that the prosecution would be calling 215 witnesses to testify. – BERNAMA
GEORGE TOWN – Police have obtained a remand order against a woman who allegedly tried to pass a bag of drugs to her brother at the Penang Court Complex yesterday.
Court Assistant Registrar Ahmad Tajudin Zain granted a four day remand order, which lasts until Sunday, against the 32-year-old after police made the application yesterday.
Police had brought her to be remanded about 10.45am while a man, a woman and a child, who are believed to be her husband and mother, were waiting for her.
They were seen following her to the court room and speaking to her in Tamil.
She cupped her hands over her face to hide her identity after spotting reporters and photographers.
The man told off journalists and demanded them to be respectful and considerate.
The woman landed herself in hot soup after allegedly passing a bag containing heroin and cannabis to her brother at court to be remanded for a drug trafficking case.
She was instead caught red-handed by alert policemen with another female relative during the 10.30am incident.
The relative, in her 30s, was later released. -TheSunDaily
PUTRAJAYA – The Federal Court yesterday ruled that a notice issued by the Malaysian Anti-Corruption Commission (MACC) to two lawyers to give their statements to assist in the investigation into the National Feedlot Corporation (NFC) case cannot be challenged in court.
A Federal Court five-man bench led by Chief Judge of Malaya, Tan Sri Ahmad Maarop allowed the appeal by the MACC, the government and MACC Assistant Superintendent Suziana Ali to set aside the high court and appellate court’s decisions to cancel the notice.
The notice was issued by the MACC to lawyers Latheefa Koya and Murnie Hidayah Anuar, requesting them to be present at the MACC headquarters in Putrajaya on March 23, 2012, to assist in the investigation into a case involving the NFC.
Justice Tan Sri Abu Samah Nordin, one of the judges presiding on the bench, in delivering the court’s judgment said actions or decisions of a public authority in exercise of its powers in the course of a criminal investigation or enquiry was not open to judicial review.
“The notice was issued in order to assist the appellants (MACC) in the investigation of a corruption offence under Section 16 (b) of the Act. To hold otherwise, would expose the criminal investigative processes of all law enforcement agencies to constant judicial review,” he said.
Justice Abu Samah said Article 5 (2) or Article 5 (3) of the Federal Constitution did not confer any constitutional right on a complainant to be represented by counsel during the recording of his statement as a witness.
In the 28-page written judgement, Justice Abu Samah said the allegation that the notice was issued as an act of intimidation or was issued mala fide on contention that the complainant had a constitutional right to be represented by counsel during the recording of his statement as a witness, could not be the basis for quashing the notice which was issued under Section 30 (1) (a) of the Malaysian Anti-Corruption Commission Act 2009.
He said there was no provision in the Act giving solicitors the right to be present during the recording of their client’s statement in the course of an investigation.
“The respondents (Latheefa and Murnie) had in fact been allowed to be present although the appellants (MACC) held the view that the respondents’ client had no constitutional right to be represented at that stage.” Justice Abu Samah said there was no element of surprise or ambush as the lawyers were informed in advance that their statements might be recorded if they insisted on being present.
“They opted to be present, holding steadfastly to their contention that their client had a constitutional right to be represented,” he said.
Richard Malanjum and Federal Court judges, Tan Sri Hasan Lah and Datuk Balia Yusof Wahi also presided in the bench.
The lawyers filed a judicial review claiming that they were being compelled, through the notice, to be present at the MACC headquarters and failure to abide by the notice is an offence under Section 48(c) of the MACC Act 2009 and punishable under Section 69 of the same Act, which carries a fine not exceeding RM10,000 or a jail term of up to two years, or both, upon conviction.
Latheefa and Murnie Hidayah claimed they were served the notice on the same day, March 19, 2012, after accompanying their client, former NFC consultant Datuk Shamsubahrin Ismail, to the MACC office to give his statement.
On Jan 30, 2013, the High Court quashed the notice dated March 19, 2012, after allowing the judicial review application by the lawyers, who named the MACC, the government and Suziana Ali as respondents.
Senior federal counsel Suzana Atan appeared for the appellants while counsel M Puravelan represented Latheefa and Murnie. — Bernama
KUALA LUMPUR – A father of five pleaded not guilty in the Sessions Court here today to the charges of robbing and threatening to injure his girlfriend, last week.
Jasri Jamri, 43, an online trader, is accused of robbing Mardhiah Abu Hassan, 32, a sales person, of her two mobile phones, identity card and two ATM cards.
The accused was also charged with criminal intimidation against the woman, causing her to feel threatened.
Jasri had allegedly committed both offences near Berjaya Times Square, Jalan Imbi, here, at 8.30pm on July 8.
The robbery charge under Section 392 of the Penal Code provides for a jail sentence of up to 14 years and a fine or whipping, while the criminal intimidation charge under Section 506 carries a jail term of up to seven years or a fine, or both, upon conviction.
Deputy public prosecutor Norazlin Mohamad Yusoff did not offer any bail as the accused knows the victim, while the victim who was not represented by counsel, pleaded for bail to be allowed, saying he was supporting his wife and their five children.
Judge Shamsudin Abdullah did not allow the accused bail and set July 28 for case mention. – BERNAMA
SHAH ALAM – Two company directors were charged in the Magistrate’s Court here today with failing to keep and retain in safe custody sufficient records of any income from their respective business as required under the Income Tax Act 1967.
Nor Asyikeen Othman,37, of Mayo Surgical Supply, was fined RM5,000, in default four months’ jail, after she pleaded guilty to the charge.
The woman was charged with failing to keep and retain documents of income from her business or adjusted loss from that business for the assessment year 2012.
The charge, under Section 82(1)(a) of the Income Tax Act , provides a fine of up to RM10,000, or imprisonment for up to a year, or both, if found guilty.
In another case, Yong Kee Eng, 47, director of Algood Services, pleaded not guilty to a similar charge involving business income for the assessment year 2010, 2011 and 2012.
Magistrate P.Sarulatha fixed Aug 9 for mention for submission of documents.
Prosecuting officer from the Inland Revenue Board Ainil Farahin Ramli prosecuted. – BERNAMA
JOHOR BAHRU – Six men pleaded not guilty in the Magistrate’s Court here today to rioting, which resulted in injuries, in front of Surau Austin Perdana here on May 5.
Toh Chai Eun, 28, Nor Haszman Hashim, 46, Norfriandika Kusuma, 22, Robert Anak Bajak, 55, Haslan Masahat, 55, and Muhamad Akhmarul Naim Amir, 22, claimed trial before Magistrate Salina Omar.
They were charged with committing the offence at about 1.30 pm under Section 147 of the Penal Code which carries a maximum jail term of two years or a fine, or both, upon conviction.
Salina allowed them bail of RM1,000 with one surety each and fixed July 17 for mention.
DPP Muhammad Mohd Nasir conducted the prosecution while the accused were unrepresented.
On May 5, a video clip of a man being assaulted by a group of men went viral on Facebook. The incident is believed to have occurred after the man honked repeatedly during the Friday prayers. – BERNAMA
KUANTAN – An army officer with the rank of Lieutenant Colonel was charged in the Sessions Court here today with nine counts of accepting bribe and abusing his position , involving RM95,794.
Shaharil Hisham Abdul Razak, 57, then the Staff Officer1 (Zone Head) at the East Zone maintenance Office (Pahang) of the Facility Maintenance and Management Branch,, Defence Engineering Service Division, Batu 3 Camp, Temerloh near here, pleaded not guilty to all the charges before judge Datuk Habibah Mohamed Yusof.
He was charged with abusing his position in recommending his family company, Abd Razak Am Enterprise, to be appointed to carry out maintenance work, worth RM30,000, at BPKP Office, 11 Skuadron RAJD Mekanis, Temerloh, on Nov 20, 2015, at his office.
He was also charged with recommending the same company, which belonged to his father, Abd Razak Awang Mahusain, his wife, Rosnahni Hussin and brother, Muhamad Helmi Abd Razak, to do maintenance work at two building blocks of the Malaysian Armed Forces (ATM) Intelligence College in Mentakab near here on April 12, 2016.
The recommendations were submitted to the Director-General, Defence Engineering Service Division of the Defence Ministry, Brigadier General Datuk Abu Sufian Ahmad.,
The charges were made under Section 23(1) of the Malaysian Anti-Corruption Commission (MACC) Act 2009 , which is punishable under Section 24 of the same law and carries an imprisonment for up to 20 years and fine of not less than five time the amount of the gratification, or RM10,000, whichever is higher, upon conviction.
Shaharil Hisham , from Taman Sri Bahagia,Temerloh, was also charged with accepting bribes, totalling RM20,794, from seven contractors between Nov 16 and Dec 22, 2016, which was deposited into Rosnahni’s bank account at the Bukit Ubi branch of the Malayan Banking Berhad.
The charge, under Section 165 of the Penal Code, provides an imprisonment for up to two years, or fine, or both, if found guilty.
Deputy public prosecutor from MACC Mohamad Fadhly Mohd Zamri, who prosecuted, offered bail at RM20,000 in one surety for all charges.
However, lawyer Aiman As’ad Mohd Ghani, representing Shaharil Hisham, said his client was now a government retiree with a monthly pension of RM5,000 and had a family of five children, and an ailing father, to support.
Habibah then set bail at RM14,000 in one surety for all charges and fixed July 4 for mention.
Shaharil Hisham posted the bail. – BERNAMA
KUALA LUMPUR – Two students of Tunas Bakti School who were also residing there today pleaded not guilty to a charge of sodomising a friend, last year.
M. Prabudevaan, 20, and A. Ravichandran, 19, made the plea after the charge was read out separately before Judge Datin M. Kunasundary in the Sessions Court here.
Prabudevaan allegedly committed unnatural sex on the male student, who was then 17 years and four months old, in the bathroom area of Sekolah Tunas Bakti Sungai Besi here in July last year.
Ravichandran was also alleged to have committed the act on the same victim in the detention room of the school at 4.30pm, on Oct 5, last year.
They were charged under Section 377C of the Penal Code which provides for five to 20 years in jail and caning upon conviction.
Deputy public prosecutor Liyana Zawani Mohd Radzi prosecuted while both the accused were not represented.
The court set July 6 for mention. – BERNAMA
JOHOR BAHRU – The Traffic Magistrate’s Court, here, today set June 15 for case management involving a sales girl who was charged with reckless driving, causing a road accident on Feb 18 in which eight teenage cyclists were killed.
Magistrate Siti Hajar Ali set this date for fixing of the case hearing dates after receiving application from the accused’s counsel, Bustaman Menon Abdul Hamid Menon, to peruse the documents handed by the prosecution.
At today’s proceeding, Johor State Prosecution director Roslan Mat Nor, who was assisted by DPP Muhammad Syafiq Mohd Ghazali, informed the court that all the required documents pertaining to the case had been given to the defence.
Roslan also said that the prosecution planned to call 39 witnesses for the case hearing.
Bustaman Menon then asked the court to give one month for him and lawyer Faizal Mokhtar to go through the numerous documents.
Earlier, the sales girl, Sam Ke Ting, 22, arrived at the court about 8.30 am for case mention.
On March 28, the accused pleaded not guilty when she was charged in the same court with reckless driving, causing the death of eight cycling teenagers at the Middle Ring Road, here, at 3.20 am on Feb 18.
She was charged under Section 41(1) of the Road Transport Act 1987 which provides for a jail term of up to 10 years and a fine not exceeding RM20,000, upon conviction. – BERNAMA
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