Monday 4 November 2013

Drama Outside Court After Verdict: Case 118/13 Penampang Native Court



Case:  Hubungan Sulit ( Having a secret relation )

First hearing: 20/6/2013
2nd hearing: 19/8/2013
Final hearing and verdict:2/10/2013

Plaintiff testimony: Wife AAN submitted to the court a file of evidence including letter from husband seeking a divorce, sms in cellphone and photographs.
She testified that she and husband married at St Michael's Church Penampang (solemnised by Fr. Chung) after 3 years of engagement.
They have  3 male children, all were present in court during the first hearing.
When the husband went to work in Kuching Sarawak, the youngest son went to visit him and found an old girlfriend staying with him like a new wife and found photographs of them lying in bed together, which he took and gave to mum !
Back in KK, the wife stated that when she was hospitalised due to a kitchen accident, the husband did not even bother to visit her at the hospital.
Two children of the girlfriend now call her husband as "daddy" while he called the girlfried as "sayang" (darling)
This prompted the judge to ask the plaintiff, " what does your husband call you?" which she replied as " Angie ".
The judge suggested that she should have called her husband "darling" for a favourable response.
She emotionally asked the husband in court if he still consider her as a wife, and asked the court for a full settlement of the case in the Native Court Only.

In response, the defendant declared he understood the wife's testimony but disagrees with certain matters, however admitted a relationship with his old friend from their younger days.
However failing to visit the wife in hospital was due to being overoccupied with attending to his younger sister's engagement.
He also informed that he has given expenses to his children direct to their bank accounts.
He declared that his relationship with the girlfriend was long known by his wife and children.
As for the present whereabouts of his girlfriend, now he said he does not know.

The case was adjourned during the first hearing to summon the girlfriend as 2nd defendant.

During the 2nd hearing, the 2nd defendant did not turn up but send a male lawyer to represent her instead. The lawyer was practically scolded because as a lawyer, he should know that lawyers are not permitted in the Native Court and that all parties to the case must present their own cases.

At the final hearing, the 2nd defendant was present with her lawyer sitting at the public gallery. She claimed that she only had relation with the man after his marriages was deemed as ended, for which the judges asked her under what law she assumed that to have happened.

She then continued that only now she understood the real situation and proposed that both the husband and wife are reunited and she would withdraw even as just a good friend. On this the judge asked her what would she do if the man goes after her again?  She promised the court that she would never have anything to do with the man and his family again.
She denied the existence of a secret relation between herself and the man, however the judges commented how does she explain the photograph of them lying on the same bed and same pillow?

After a 15 minutes recess, the three judges came back to the court to announce their verdict.
They found both the defendants guilty of Hubungan Sulit and fine the husband to pay a Sogit totalling RM4000.00 consisting of:
1 buffalo or RM1500 to the wife
1 pig or RM500 to each of the sons totalling rm 1500
1 court cost of RM 1000.00

The 2nd defendant was given a lighter sentence with just a court cost of RM500.00
(most probably for her declaration that she would have nothing to do with the man anymore)

All fines to be paid the the court within 14 days or otherwise face 1 month jail.

The man did not seemed to mind the Sogits but protested loudly that the judges has recorded the girlfriend as admitting there was a "hubungan sulit" when she has strongly denied it. The judges responded that this is the official term used by the court for this case and if he is not satisfied, he can go fill a form and appeal to the District Officer.

( The man seemed to have forgotten that in his own testimony, he ADMITTED he had a secret relationship with his old girlfriend)

When the lawyer for the girlfriend tried to say something, he was told to shut up by the judges. ("Kau diam" was the exact words)

After the proceedings was completed and the judges have left the court, some minor drama occurred.
First the wife was hugging a young unidentified man trying to calm him of taking a swing at the husband but in the process she fell down and banged against the wooden wall of the court room, luckily without any harm.

Outside the courtroom, the young man was heard shouting at the husband in bahasa malaysia something like, " sikit sikit kau cakap mau pigi polis,  saya pun polis juga" ( loosely translated, always threatening that he will go to the police, well I am a policeman too )

Then another unknown woman was heard screaming at the girlfriend or mistress in English on top of her voice " I have warned you......."
( I can only assumed that she is a relative who is scolding the girlfriend for not listening to her advice of avoiding a relationship with a married man, which has now given a bad name to the family )

Even one of the judges was shocked at this commotion outside his chamber and came out commenting to this reporter, that he has not shown his Kuntau ( self defence technique) yet if those guys continued with the disturbances outside his office (chamber).

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Moral of this factual event ??  Well, I will leave that to all of your readers.  he he he he


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