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.
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