Penampang Native Court case no. 102/13 verdict date 8-7-2013

Small drama outside court after the verdict

Two elderly housewives and sisters (IM and SM) continued to have a spat outside the native court even after the verdict was given by the native judges.

These two sisters live in the same village as this blogger.

The Offence: Causing Fear and Threatening to commit harm

Verdict: The younger sister and defendant was found guilty as charged.
The judge informed that under Part2 Section 7 of the Native Courts Enactment, the maximum fine for this offence are:
1.  Sogit of two buffaloes (RM1500 each)
2.  RM 500 court cost
Failure to pay would be fined another RM300 and 1 month jail, and failure to pay this additional fine would incur further fine of one buffalo and another month jail.

However, the judge said the court is very considerate and humanitarian since the case is between two elderly sisters and fine the defendant only RM500 in court cost to be paid within 14 days.
He strongly advised both families to have a family party to patch things up and even commented further that being a family and elderly, they should always help one another in times of needs.

Also present in court was the Village Headman or Ketua Kampong.

FACTS OF THE CASE:
The argument started just because a grandchild of the elderly sister delivered a bottle of "montoku" or rice wine as requested by the younger sister's husband.
In the heat of the argument, the defendant had threatened to use her husband's shotgun to shoot somebody. The exact words as testified was "Saya tembak kau ".
One witness was the son-in-law of the plaintiff who is an indonesian.
Both the defendant and her son denied touching the gun but the son admitted hearing his mum yelling "saya tembak kau" ( I will shoot you).
Despite the gun was never touch, still the 5 policemen in two squad cars turned up to the house and took away the gun while advising the parties to make a police report.
Despite saying sorry during her own testimony, the defendant could not accept being fined making the judge retort that if she is not happy, she can go and appeal to the District Officer by filling a form at the clerical section of the Native Court. Until today it is not known if she did.

Although a simple case, the hearing still took 2 days starting from 14th June 2013 with several witnesses.

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Moral of the case:  Family should stick together and help one another even in the modern world instead of arguing over nothing. Also elderly parents have tendencies to be short tempered and intorelant probably due to ill health, therefore the children should understand and learn to take control over the situation and seek professional help if necessary.