PENAMPANG. A 58 year old mother from Kg Kituau testified
to the Native Court here that her 24 year old daughter had lived together with
her 29 year old boyfriend resulting in the birth of a boy which is now 4 years
old.
A member of the bench commented that this is no longer a
“hubungan sulit” or secret liaison case in view of the age of the son, however
the plaintiff said she only knew the case recently when it became public
knowledge that the child was born before any marriage had taken place.
She also confirmed that no engagement or any other
receptions as per the native traditions were carried out, and both parents have
never given any blessing to their relationship. She had submitted the case for
settlement in accordance to the native “adat” of Penampang.
In response, the daughter as first defendant simply
confirmed her mother’s testimony but added that she had already broken up with
the boyfriend one year ago and does not want to get married as she is not ready.
The court then warned her that if she ever wants to get married, she should ask
the parents to follow the proper process as the panel would not like to see her
back in court.
When asked, she affirmed ready to face the penalty from
the native court.
The boyfriend as second defendant also did not contest
the charges and confirmed willing to accept the penalty in accordance with the
adat.
He also admitted having married previously and then
divorced and had converted to Islam. For this reason he cannot marry the first
defendant as she does not want to convert.
On the maintenance of the son, he claimed giving expenses
direct to the school.
However, his mother who was present in court and
permitted to speak outside the witness stand, informed that she will assist her
son to provide RM150 per month until he has grown up. She added that she also
assist in fetching the kid to and from the school.
After recording all the testimonies, the panel of judges
comprising the District Chief Bryan Matasing and Native Chiefs Andrew S Lidaun
and Woritus Paulus then set the verdict on 26 August.
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Yes, today is 26th August 2014 and time for the update:
At 9:30 am the Native court convened. The same panel of judges were on the bench.
The judges announced that after investigation and studying the case, they have come to a unanimous decision that the two defendants have breached the native customary adat by their act of "mianu-anu" under section 3, clause 10 (1) of the Native Court Enackment 1992/1995.
The sogit totalling RM6000 consisted of:
To be paid by the boyfriend to the mother of the girl:
2 heads of livestock or RM3000
Another head of livestock or RM1500 for kepanasan kampong Kituau or appeasement of the village.
Court cost of RM800.
The girl who is also part of the offence of mianu-anu was only fined RM700 as part of the court cost.
Since the girl now has gone back to stay with the mother, the court then advised the mother to take care of her daughter and question her and boyfriend if she ever had another one, and to ensure they follow the adat and get married properly instead of breaching the adat as before.
Also the court said, although the couple can appeal the decision of the native court to the district native court presided by the District Officer, that would be illogical since both the defendants have admitted openly that they were guilty as accused by the mother.
Court is Ended.
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Yes, today is 26th August 2014 and time for the update:
At 9:30 am the Native court convened. The same panel of judges were on the bench.
The judges announced that after investigation and studying the case, they have come to a unanimous decision that the two defendants have breached the native customary adat by their act of "mianu-anu" under section 3, clause 10 (1) of the Native Court Enackment 1992/1995.
The sogit totalling RM6000 consisted of:
To be paid by the boyfriend to the mother of the girl:
2 heads of livestock or RM3000
Another head of livestock or RM1500 for kepanasan kampong Kituau or appeasement of the village.
Court cost of RM800.
The girl who is also part of the offence of mianu-anu was only fined RM700 as part of the court cost.
Since the girl now has gone back to stay with the mother, the court then advised the mother to take care of her daughter and question her and boyfriend if she ever had another one, and to ensure they follow the adat and get married properly instead of breaching the adat as before.
Also the court said, although the couple can appeal the decision of the native court to the district native court presided by the District Officer, that would be illogical since both the defendants have admitted openly that they were guilty as accused by the mother.
Court is Ended.
