draft: Tue 23 Aug 2016
PENAMPANG. A woman from Kg Sugud won a case against her
husband who had a secret affair with another woman at the Native Court here. The
husband who originated from Kudat and his lover from Kota Marudu were fined a
total of RM7000 where the husband as first defendant has to pay RM4725 while
RM2275 shall be paid by the second defendant.
The panel of judges District Chief Bryan Matasing, Native
Chief Marcus K. Jonioh and Village Chief Charles Ebol found the husband and
lover guilty of “mianu-anu” (illicit intercourse) under Section 10 of the
Native Courts Enactment 1992/1995 where the maximum “sogit” ( customary
penalty) is two buffaloes however the
court imposed one buffalo (RM2500) in consideration that the lovers have
separated afterwards.
Under the same Section 10, another buffalo (RM2500) shall
be given as appeasement for the village of the wife and a court fine of RM1500.
In addition since the woman and husband already had three
children, the “sogit” for them would be three pigs however the court considered
and imposed only one 50kg pig (RM500) for all three.
According to the facts of the case which was initially
heard in chambers last year, both the defendants have admitted to their illicit
relationship but later mutually agreed to end the affair.
In default of the penalties, the first defendant faces 6 months
jail while the second defendant who was not present in court for the verdict
faces 4 months.
Consistent with the procedures of the court, both
defendants have 14 days to pay the penalties or can appeal to the District
Native Court within 60 days.
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