CASE 328/13 - INDON Car Salesman and Ex Immigrant made a young girl pregnant

17 Dec 2013

Penampang. The native court here lectured a father of three on how to prevent his children from falling into trouble at an early age.

Native Chief Andrew S. Lidaun who presided on the case said he should always be with his children, give them religious education, know and control where they go and prohibit them from going out at night.

Lidaun was prompted after the man who filed a case against a Timorese for making his underaged eldest daughter pregnant, failed to answer his question on what he would do to prevent the same thing from befalling on his two other daughters.

The father who works as a Purchasing Officer, informed the court that he had allowed his only daughter from his first wife to stay with his younger sister so that she can work at a cybercafe owned by the sister.

He admitted contacting his daughter at an average of once a month, which Lidaun consider as grossly insufficient.

After the death of his first wife, he married again at Sacred Heart Church in 2008 and his second wife gave the other two children.

Lidaun also chided him for mixing up the important dates in his testimony and had to refer to his eldest daughter who was present in court for the correct dates. The father also claimed that he never met or called

the man responsible for his daughter's pregnancy because he is of a different race and religion while his daughter is not ready to start a family. After being told by the daughter of the identity of the man, he made

a police report and then got endorsement by the District Officer for the case to be tried in the Native Court and only then he is meeting face to face with him. The daughter gave birth to a female child just two days before the court hearing and both father and daughter has decided to gave away the baby for adoption.

He strongly opposed the possibility of the man marrying his daughter and asked the court to punish him in accordance with the customs and traditions of the Kadazan Dusun from Penampang.

In response, the accused Timorese admitted he was the one responsible for the girl giving birth on the the date as stated in court. He was ready to be punished in accordance with the offence he has committed

and will not press for marriage due to difference in religion. Earlier he had informed the court that he has a Malaysian identity card after staying in Sabah for a long time and his father has the same. He works as a car dealer at Kg. Air, Kota Kinabalu.

Lidaun adjourned the case until next year after seing the daughter who has just recently gave birth, shivering in the cold airconditioned court room.

Outside the courtroom was a different scene. The Timorese was seen looking for the girl saying he want to wish her a happy birthday which will be in two days time.

 

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January 15 2014

Penampang. Half a dozen relatives of a 19 year old girl briefly applauded at the end of a native court hearing when the girl swore before Native Chief Andrew S Lidaun that she will never repeat the blunder of allowing herself to be made pregnant by an irresponsible male.

She was testifying as the second defendant in a case where she gave birth to a baby girl last year after a brief liaison with a young Indonesian male with a Malaysian IC.

She agreed with all the testimonies by her father that was made in December last year and confirmed she does not want to be married at present. She informed that the baby girl is being cared for by the Sisters at a Convent awaiting adoption because the man who made her pregnant does not want to accept the out-of-wedlock baby. The first defendant who is a moslem, was not present in the court during the hearing.

When asked by the court why she did not take care of herself and protected her dignity, she replied that she was duped by sweet words and promises when she was taken out for a date. Strangely, the girl could not suppress a smile when Lidaun rebuked her for choosing foreigners instead of her own kind and perhaps go after those with high position and a sense of responsibility.

At the beginning of the hearing, Lidaun chided both the father and daughter for arriving nearly one hour late saying that the court does not wait those who seek the services of the court. They should be ready before the set time of 9 am and should anticipate whatever causes of delays, traffic jams, floods and anything else.

He then adjourned the hearing to 18th February in order to summon the first defendant.

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18 February 2014 

Penampang. The native court here convicted and fined a 24 year old car dealer a total sum of RM5500 – made up of a “sogit” of two water buffaloes monetised as RM3000 and another head of water buffalo for “kepanasan kampung” or appeasement of the village which is the actual cost of the buffalo in Penampang District worth RM2500. In addition court cost of RM1500 was imposed of which RM 700 must be paid by the young woman as second defendant.

District chief Christopher Mojungkim who handed down the verdict together with native chief Andrew Lidaun and village chief Augustine Anthony made the order under the Native Court Enactment 1992, Part III 10(1), for “mianu-anu”.

According to the facts of the case, the father of the 18 year old woman filed the case against the individual who is a Bugis Muslim for sweet talking his daughter to go out with him and then impregnating her resulting in the birth of a baby girl on 14 Dec 2013. The baby was given up for adoption via a welfare body in Likas without any objection from the first defendant.

The court took into consideration that both the man and the young woman have admitted in their testimonies of consensual affair resulting in the birth of the baby and so the woman became the second defendant in the native court. However the man was warned that if the same offence is repeated, the penalties will be doubled. All the fines must be paid within 14 days but he can appeal within 60 days. However, the court also pointed out that since he had pleaded guilty during the proceedings, there would be no logic in appealing. He was also told that if he wants to marry the girl, he must follow the customary adat. The plaintiff responded that any such proposal is out of the question because of different race and religion.

After the verdict was read, the first defendant appealed for a lighter fine and the panel granted a reduction in the court cost of RM300 only to both the first and second defendant but the rest of the fines were final because the offence was deemed very serious.

The man again pleaded to the court that he wish to see the baby of which he would need the assistance of the woman and his family. On this the plaintiff informed the court that he has accepted the decisions of the court and will not want to deal with him at all.

After the panel of judges have left the courtroom, the plaintiff, his daughter and 4 family members left the court in haste.

END....

FOLLOW THE NATIVE ADAT, SAYS THE NATIVE COURT OF APPEAL KOTA KINABALU, ON INHERITED LAND

17-3-2014

KOTA KINABALU. The Native Court of Appeal here dismissed an appeal against the judgement of the Kota Kinabalu District Native Court based on the principle that inherited land shall be passed on to descendant following the customary adat, where the land owned by the father will be inherited by sons and that of the mother to the daughters as per the accepted adat of the district.

The Native Court of Appeal was presided by Justice Tan Sri Richard Malanjum who is also the Chief Judge of Sabah and Sarawak, and assisted by Native Chief Adrian Sikawah from Penampang and Matsah Sahat from Kota Kinabalu.

The case involved a claim by a man for a share of a land that belongs to his mother. His late father has written a simple will witnessed by a village head stating that his mothers share of the land shall go to him. Based on this, the man made a claim at the native court against his niece (daughter of his sister) who had inherited the said land via Jadual 3 process of the native court.

The learned judges also ruled that even if there is a will, it shall also comply with the customary adat of the district to be effective. The appeal case was disposed within half an hour which affirmed the decision of both the lower courts namely the Native Court and the District Native Courts.

Earlier, the respondent who was represented by a lawyer registered with the Native Court of Appeal made a preliminary objection that the appeal was submitted beyond the 60 days mandated by the Native Court Enactment 1992. However, upon checking all the documents and finding the date on which the judgement of the Kota Kinabalu District Native Court was read was on 5^th September 2013, but the document was marked as 25^th July 2013, the objection was over-ruled. However, the standards of the documentations submitted prompted Malanjum to comment that the lower native courts still require lots of training. He also ticked the lawyer for presenting her case in legalise style when the hearing in the Native Court of Appeal is very similar to the Native Court.

Meanwhile, the man who is the Appellant was able to present his case without the assistance of a counsel.

Case No. 75/2013 - FILIPINA INSULTS THE NATIVE COURT

18-3-2014

PENAMPANG. The Native Court here ordered a warrant of arrest for a 48 year old container-truck driver for failing to appear in court a total of five times. Four letters were issued to him to appear in chamber while the last was a legal summon to appear in the open native court and all five documents were signed acknowledging as received. He even answered a phone call saying he is on his way to appear in a previous chamber hearing, but never arrived.

Native Chief Andrew S Lidaun and Village Chiefs Rita John and Michael Bejuet made the unanimous decision in court when only the plaintiff, the 46 year old wife of the truck driver and six out of seven of his children were present. The husband and his female companion were absent.

Speaking from the bench, Lidaun even said that the Native Courts should be allowed to imprison in the same way as other courts, any offender who is blatantly in contempt of court as well as wasting the courts’ time and resources.

Earlier, the wife who came from Kg Pogunon Penampang testified that she filed the case in the native court because she has sufficient proofs her husband is having a secret affair with a Filipina only known as Jariah. (which can be a fake name)

She discovered her number from the handphone of her husband about 2 years ago and when called, she said that she had nothing to do with her husband as she is married to another. Her husband also denied anything on being confronted.

However, when the number was called again after some time, the same Filipina answered that “tiada lagi hubungan kami” ( we no longer have any relation – implying there was before)

All these happened when the husband was staying at the workers’quarters at Kg Kitobu, Inanam for the last 2 years.

The husband used to returned to their family home at Kg Kinuta, Papar regularly, however this became less and less of which he cited the cost of transport fuel as the excuse. The amount of expenses he sent home also became less and insufficient for the 5 children still staying with the mother. One daughter who is now studying at UiTM is not given any financial assistance. He even did not come home for a stretch of 6 months.

Then the Filipina started sending the wife many digital photos of herself in romantic pose with her husband. Eight of the clearest photographs were downloaded and printed by the wife and submitted to the court as evidence. Lidaun held up the photographs for everyone in court to see, while commenting that this is no longer a secret affair but a “hubungan terbuka” invoking laughter all around!

This was followed by daring and abusive handphone calls and SMS by the Filipina that were quoted such as “mana sudah mahkamah taih kau ? “ ( where is your #*$% native court) and “you have been cheated, all your husband’s money now goes to me”.

In conclusion, the wife begged the court, if possible, to jail and refer to immigration the Filipina for causing trouble to her family and investigate the misbehaviour of her husband and punish accordingly. She maintained devotion to the husband only because he is still the father of all her children present in court and will not give up because she has a duty to her big family.

The court was adjourned for follow up actions by the police.