Case of a fiancee who loves the song "Langit ke tujuh"
This was previously posted on 12/11/2013 but another thread is started because this is going to be a long long story. First heard by the native court on the same date but the judge postpone the hearing until 6 January 2014 because the plaintiff failed to turn up at that time.
Plaintiff: DPB - Contractor cum businessman from Sugud
First Defendant: FEL - part time lecturer, part time student
2nd defendant: JM - businessman
( 2nd def did not attend court hearing but send a letter to the Native chief citing prior appointment but requested the hearing to continue.)
Official case title: Tunang saya ada hubungan sulit dengan lelaki lain.
Plaintiff testimony:
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First defendant and I were engaged on 22 Oct 2006, witnessed by one Ketua Kampung and two Wakil Ketua Anak Negeri.
Scene One:
On 9 April 2013 at KKIAirport at about 10 to 10.30 am, I saw with my own eyes by chance my fiancee and 2nd defendant sitting at a McDonald restaurant at a corner, just the two of them together. Upon seeing, I SMS her HP asking why he is sitting with JM?
She answered that she is doing a research or thesis on Kadazan Dusun Wedding customs and the man is her so-called advisor. By right i am the fiancee and she should ask me. At that time I believed her because whe was doing her thesis and I just accepted being a positive person. Did not approached them because at that time was rather shy and was about 30 ft away.
Scene no. 2:
On 4th July 2013 my schoolmate CA called my HP and want to tell me in person about my fiancee. She called me to a reunion party of old friends. She told me that all these while, my fiancee has not been faithful to me. She decided to show me conversation between my fianccee and cousin that she has been busy with other men. There are 13 pages of SMS messages circulating amongst friends but No. 3 is the one to be submitted.
Scene No. 3:
On 16th Aug 2013, about 11.45 to 12.30 midnight again JM and my fiancee was partying at Blue 7 club at Nosoob Kobusak Jln Penampang. My younger brother AB and his friends EP and TBP (also the niece of fiancee) saw them there. At that time, I was at home bu my brother called me to tell that my fiancee is there with the man and so I asked my brother to take a photo. My question, is this a place suitable for asking advice on wedding traditions and cultures of the KDM?
The photos were not clear, many attempts but the place was dim. They realised that they were being observed and taking pics, so they went out of the back door and seen by friends as holding hands and entering their car, a Ninja Super King coloured white. The witnesses were sure owned by JM.
Scene no 4:
Late Aug 2013, a friend BS and I were invited to a birthday party of one business friend Sheila, a land broker who informs me about available land for purchasing.
We entered the Club Bonjur at Taman Hilltop Lintas Luyang.
At about 10 pm I booked a table and heard someone singing "Langit Ketujuh" (a favourite of my fiancee) and seemed to recognise the voice.
True enough when I investigated, I found my fianccee flirting with JM while singing the song (berkambai kambai sambil menyanyi). This went on for 30 minutes so I felt uneasy. So I instructed the waiter to call her to my table. She was shocked to see me there. I wanted to ask her lots of questions but she did not turn up to my table. JM saw me and pretended to go to another table as if nothing has happened to cover up the matter. 15 min later JM with out of the backdoor. I believe he has many GFs and my fiancee seemed to be just one of them.
She stood there talking to a lady, did not come to my table and 15 minutes later she went to the toilet and after coming out she immediately went out of the backdoor.
When I chased after her asking her to stop and calling JM at the same time.
I said, is this JM, you are my uncle, why are you disturbing my fiancee? He answered, I don't know what you are talking about and I dont know any one named F.
(JM father and my grand father are first cousins so JM is my uncle)
I said to him that night, " you fucking bastard" because I was very furious by his actions. " I will sue you and F at the Native Courts. Then I hung up because I dont want to waste my time. My fiancee just stood in front of me and I said in a loud voice, "you fucking bitch" (anjing betina?)
She did not utter a single world. I also said, "you are a good actress and this is what you have been doing behind me for the past seven years with JM, the so-called bloody millionaire. You can get out of my life, you have no self respect."
After that I went back to the club. No words to describe how I felt because I was a bit drunk. But I composed myself, did not do anything bad or stupid. I prayed that I would not do such thing for a long time. When I went back to my table, Sheila asked me why I did not join with F and friends at that time. I said, one of them was my friend and I did not want anything bad to happen.
We have been engaged for 7 years, the engagement time was supposed to be only 2 years as per agreement but wedding kept being postponed because she wants to pursue a master degree, and so it stands until today after 7 years. We did not come back to the people who conducted the engagement because I respected her wish to further study at University Technology Malaysia for 2 years.
I have already paid the engagement cost berian and even supported her studies morally and financially to about RM18,000.
I could not afford to support her so I used my land as collateral for a loan with Yayasan Sabah. The proof is with the fiancee.
In order to get the degree and graduations cost must be paid and as a fiance, I felt responsible because her family cannot assist financially.
After getting a master degree, I discussed with her about wedding but there was no answer. Now she is saying seh wants to take a PhD in KDM wedding cultures and now in the 2nd year of the course which will take 6 years.
So now the marriage is hunged with many excuses until now.
A few times I gave her a JPN form but nothing ever happened. Along the way sheila was shocked and felt guilty that JM and F were invited and caused the problem and they were her friends too.
For 7 years was trying to get married but all the time so many obstacle. I still sayang her despite all that had happened as she is my fiancee.
But with all the evidence, now I wish to end the engagement after the Native court have concluded the case. Based on the additional ticket evidence, she went to Penang on 24 July 2013 together with JM without my knowledge as a fiancee. On 7 December 2013 also went together to KL with flight KK513. With Exhibits 1 to 6 I have decided to take action at this navite court in accordance with the customs and traditions of the natives of Penampang District.
The court was adjourned at 11.45 am and the next session to be called by the court and also to summon the 2nd defendant.
CONTINUATION HEARING ON 12 FEB 2014 AT 9:30 AM
2nd Defendant was present:
Panel of Judges now included the District Chief while one Village Head step down to the Court official bench.
Since the 2nd defendant was not present in the first hearing, the court read out the record of testimony by the plaintiff as shown above, except there was one additon not record previously.
The Native Chief also informed that a police report was made by the plaintiff and referred to the DO who gave the green light for the case to be heard in the native court.
After the reading was completed, the 1st defendant was then called to the witness box and sworn in.
When asked by the court on the allegation by the fiance, she said she understood all the charges, most were "terpesong" ( literally means deviated) which the judge recorded as not true, only a bit was correct.
So then the panel asked her to touch on all those she considered as terspesong, leaving out the allegations which she admits as true.
She started saying that she has to start from the beginning like from 2005.
Judge says that she should focus on the incidents such as at KLIA, and the rest and say why it is not true, but she insisted that there are relevance to the past events.
(at this juncture 2nd defendant interupted that she should be allowed to make her statement otherwise it is not fair, because previous statement said everything including the word "millionaire".)
After the interruption was stopped by the panel she immediately stated that she pleads not guilty on the charges of secret affairs.
Judge says they are not saying if she is guilty or not, the present process is simply investigating the facts of the plaintiffs testimoney.
So she started explaing the incident on KLIA on 9 th April 2013 that she was working as a part time lecturer and there is an appointment letter from JBorneo company appointing her as an IT consultant and Research Assistant related to her research on her thesis.
She was ordered by her employer to send a file to KL and she needed to discuss about the tradional wedding process and interview those getting married with the traditional way.
I was contacted by the fiance by SMS and did not talk to him in person as there is no law to say I must speak to a fiance.
He is short tempered and his SMS asked " why are you with somebody's husband"
This was as far as her testimony has reached when 2nd defendant loudly interrupted the proceeding saying the court sounds one -sided and if this is the way the court is conducted, I might as well go home, and started unlocking the latch of the docks.
He was told to be silent while the witness was still giving testimony and he will be aloud to speak once he entered the witness box.
The plaintiff who was sitting outside the box and in the middle of the court now, also stood up to ask the court that only the issues of the incidents in 2013 is the subject of the court and not anything in the past 7 years.
At this 2nd defendant got more angry saying that guy is allowed to speak outside the witness box and raise his voice further.
The hearing looked like going out of control but the Presiding District Chief stopped the hearing and warned that those who do not respect the court can be jailed up to 24 months and fined RM5000 or both for contempt of court.
Since the tension in the court appears to be hot, the panel decided to adjourn the hearing to a later date which was not annnounced.
( The continuation of this case is not known since the panel is deciding if any action be taken against the 2nd defendant for interrupting the court proceedings)
PROCEEDINGS CONTINUED ON 12 JUNE 2014.
No action was taken against the 2nd defendent for clearly being in contempt of court last time. Instead this time both 1st and 2nd defendant did not turn up to court by 9:30 am.
Sitting on the Bench were newly appointed District Chief OKK Bryan Lojingon and assisted by two senior Native Chiefs, Andrew and Marcus.
By 9.45, the court had made 3 formal calls for the defendants to be present in court and a Ketua Kampung, Rita J as a court official went out of the court 3 times to check if the defendants have arrived outside the court, but she came back reporting that they are not around.
Plaintiff in the witness box stood up to protest that the 2nd defendant has been in contempt three times in the past and requested the court for action.
The Bench replied that the court in nature is lenient and may only take action if the defendants again failed to turn up on the next hearing to be fixed. The hearing was then adjourned.
Outside the court, the parents of the defendant were clearly disappointed with the leniency of the court.
The said that the defendant were in contempt of court, wasting everyone's time and the court should have taken actions earlier.
The defendants should act like gentlemen and come to court, better still admit their guilt and thus the case can be settled soon.
Then both the parties can go on their way to marry other persons of their choice instead of the 7 year engagement which cannot proceed nor can be ended amicably.
The courts and the defendants are certainly unfair to my son, they said.
Next date of hearing still UNKNOWN.
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UPDATE. 29 jun 2015
Sometimes in mid of this month 17 or 18, I passed by the native court and met the parents of the plaintiff.
They told me the fiancé and fiancée are in the chamber to settle officially their engagement, meaning end the engagement amicably in chamber.
Since it was now a chamber case, member of public are not allowed but the parents said the case has been delayed perhaps purposely by the second defendant so in other words he has escaped the court using the methods of procrastination.
There was never a letter from the State Attorney regarding the temporary stopping of the proceedings in court.
Hence instead of keeping the case hanging indefinitely, the couple decided to end the engagement after now more than 8 years.
According to whispers, the settlement is simple.
1. All berian and the ring are returned.
2. She has to pay about rm16 K of money spent on her education by instalment of 2k per month.
3. According to the native enactment, if it is the fiancé who ends the engagement, then their is a sogit of 2 karabaus.
The parents of the groom insisted on LIVE buffalo meaning that will cost RM 2500 each, the Penampang cost of a buffalo.
THE SEVENTH HEAVEN CASE THUS ENDETH.
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