Case 332/13 Follow up - Banjar Jailed 6 months for not paying sogit and contempt of court

PENAMPANG. The Native Court here ordered a 25 year old Bajau to be imprisoned for 6 months under Clause 10 (1) (iii b) of the Native Courts Enactment 1992/1995, for failing to pay any of the “sogit” or customary penalty imposed on him since February this year. The imprisonment shall commence from the date of his arrest by the Police.

The panel of judges consisting of District Chief Bryan Matasing, Native Chief Andrew S Lidaun and Village Head Rita John made the unanimous decision from the bench taking into account that the defendant was in contempt of court for purposely not attending the hearing today, Thursday 4th Sept 2014.

 

The plaintiff informed the court that the defendant had arrived earlier outside the courtroom and after offering to hold the baby for a while, he immediately disappeared with the baby and later sent an SMS to the baby’s mother that said, “either you listen to them or to me”. A copy of this SMS was taken by the court as evidence.

 

According to the facts of the case, the 25 year old man who is unemployed but sometimes sells cloths, was fined RM5300 for “mianu-anu”(illicit intercourse) under Clause 10(1) and another RM3000 under Clause 21 (1) for taking away a daughter without the consent of the parents, in a verdict passed by the same court in February. He was also ordered to return the 21 year old girl to her family and the baby from the illicit affair would be raised by her as a single mother.

Instead he managed to blackmail the girl to come back to him without paying any of the fines and honouring any of the promises he had made in the past.

This forced the girl’s mother as plaintiff to return to the court for further actions and assistance.

 

Meanwhile the girl as the co-accused was grateful to her parents for paying to the court her RM700 sogit for “mianu-anu”, otherwise she would face one month jail sentence. She promised before the judges not to go back to the man but to return to her parents, claiming that he had beaten her while they were together. She will also make a police report to get her baby back.

 

In summing up the case, District Chief Matasing gave the girl a long counselling to understand and comply with her own “adat” (native custom) in order to protect herself, and not to hesitate in making a police report if the man threatens her again.

 

Outside the court, the girl’s father informed that the man even made fun of the native adat saying there are no such things in his community. Maybe his race is lawless and have no civilised customs, he added.

BLOGGER NOTE:  This was reported in Daily Express under heading "Offender is jailed 6 months in absentia" on 5th Sept 2014.

However due to paperwork processes and also the brother of the offender came to beg for leniency and time to pay at the native courts, the Bajau was only sent to jail on 6 November at Kepayan.

He would be held for six months while the girl jailed for one month. I wonder who is looking after their kids, but maybe the parent of the girl.