Case Title: Taking someone else's wife. The wife giving birth to a child, and marrying another man.
Date 2nd hearing: 19 Nov 2013 (missed first hearing)
This nurse Lizzy 29 was originally born in Ranau, got married in church in Penampang, the judge mentioned St Xavier. She seemed to have applied for a transfer to Sandakan as an excuse to be away from the husband.
At Beluran, he married another man via the Native Court and a reception was held.
When the plaintiff was asked if he has fulfilled his obligation as a husband, he affirmed that he had taken care of her and her welfare including religion and love and had given her freedom for normal entertainment only. He never punished her but gave verbal reprimands only.
When the wife was questioned by the court, she replied in affirmative to have understood and agreed with the husband's testimony.
When asked if her welfare was taken care of, she said "maybe" there were some deficiency or lacking but could not specify any example.
She also informed that the Native Courts in Beluran never asked if any one of them were married before.
When the 2nd defendant and second husband was asked, he said that the engagement certificate was not signed because the Village Headman was not present. Only during the village reception party did he put the chop on the certificate. The wifes representative followed up with the marriage registration with the Native Courts of Beluran.
The court announced that the next hearing would be 10 Dec 2013 subject to the replies from the Beluran Native Courts regarding the validity of the marriage certificate. Court was adjourned.
(after the hearing and all the relatives and cousins of the wife have left the court room, this defendant was seen walking alone to her car even without the second husband)
VERDICT on 10 December 2013
The hearing started late, only about 10 am.
The presiding Native Chief started by reminding everyone present in court to turn off or set to silent mode all their handphones and to ensure there is no disturbance to the court proceeding.
He started announcing the verdict by first giving a brief summary of the case.
The case number 239/13 was first heard on 17 Oct 2013 and they have established that the plaintiff and his wife ( the first defendant) are still legally married, the "matod" was carried out on 5 May 2010 at St Xavier's Church and the marriage is registered with NRD.
The plaintiff issued the summon to his wife and 2nd husband on 29 Aug 2013 and the charges were:
1. Mengawini esteri orang lain ( for defendant 2)
2. Melahirkan seorang anak lelaki
3. Berkhawin dengan lelaki lain ( for defendant no. 1)
The second wedding was held in a kampung at Beluran on 14 July 2013 and before that the two defendants has a secret liaison of sexual nature and she was already pregnant
The plaintiff testimony was taken on 29 Aug 2013 and the panel of judges has taken this into account including laboratory reports regarding the baby which confirms that the plaintiff has nothing to do with the baby. Copies of all wedding certificates and birth cerficate of the baby are also available.
Also taken into account were the admissions by both defendants.
The judge then announced the fines or sogit for the offences.
On the first charge, the 2nd defendant is found guilty of SOLOD or marrying another man's wife under section 19(1) and fined 3 buffaloes ( RM4500)
The first defendant is found guilty of MIANU ANU for sexual offence leading to the birth of a baby, under section 10(1) and fined 2 buffaloes (RM3000). For marrying another man while being married to the legal husband, she was found guilty of LAPAU under section 20(1) and fined another one buffalo (rm 1500) and also to pay KEPANASAN KAMPUNG or offence against the virtues and dignity of the village (assume this must be the village where the legal husband lives). However the amount was not stated as the judges are still unsure how much a buffalo cost in the market today.
The Nurse was also warned not to repeat the same offence otherwise all future fine or sogit will be doubled that of the first offence.
All the 6 buffaloes as sogit are payable to the plaintiff.
Both defendants were also fined a sogit of one livestock for every child of the legal marriage, however this was not applied since there were no children from the legal marriage with the plaintiff.
The court cost was set at RM1500
The court also gave an order that both the defendant cannot remain or live together as their marriage certificate issued by the Beluran Native Court is considered NULL AND VOID. The two defendant must settle with the plaintiff first all issues ( assumed including formalising a divorce between the plaintiff and his wife) before deciding what to do with their futures.
The maintenance of the new born baby will be the responsibility of the 2nd defendant as the plaintiff has made it clear from the start that he will not accept the baby as his own.
Hence the total fines handed by the court to the two defendants is a whopping RM10,500 and still excluding the Kepanasan Kampung which must be paid to the court within 30 days, in default further fines and a jail term will be imposed.
However, the judges were quick to remind that should any of the parties is not satisfied with any of the ruling of the court, they can appeal to the District Native Court presided by the District Officer within 60 days.
Both the plaintiff and defendants were asked if they had anymore thing to say or would appeal the ruling. The plaintiff said that he was satisfied with the verdict while both defendant also hinted that they will not appeal all the rulings of the court.
Court was adjourned or fully concluded at about 11 am.
MORAL OF THIS CASE: NEVER ever fooled around with the wife of a native, what more take her for a wife. So before getting married, both parties really must be sure of the marital status of your potential spouse if you want to avoid paying a total of 6 buffaloes which seems to be 6 times more expensive than marrying a virgin !!!
Also this Customary Law in Sabah is not going to be abandoned anytime soon in favour of Western Style sex freedom. Instead the said Native Customary Law Enactment is being strengthen by the Native Chiefs community where they often have a Native Law seminar where proposal for improvement of the laws and revisions of the fines are constantly being discussed.
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