first drafted: Mon 29 Feb 2016
PENAMPANG. The
Native Court here chided a Justice of Peace (member of MAJAP) at Kota Kinabalu
for not following proper procedure when attesting a statutory declaration where
the signatories did not sign before him. As such the document deemed a fake was
submitted to the court by a son for purpose of claiming the bank account and
some shares of his late father.
The bench consisting of District Chief Bryan Matasing
together with Native Chiefs Andrew S Lidaun and Woritus Paulus fined the
defendant RM250 or in default one week jail for submitting the fake document.
According to the facts of the case, his elder brother
filed a complaint against him after knowing that his name was missing from the
list of siblings in the statutory declaration thus asking the purpose why he
was left out. The younger brother had gone to see an Assistant District Officer
who refused to attest the document because the signatories did not sign before
him, instead the list of names had purportedly signed the document elsewhere.
The defendant then went to Kota Kinabalu to see the
Justice of Peace and got the same document signed and stamped. He also told the court
he was just trying to assist his mother to claim what is left by his late
father, and the plaintiff was one brother who was difficult to locate even at
his house.
The court also ruled that the mother is the correct
person to submit the Jadual 3 form to claim her late husband’s bank account and
will assist her in the process.
The defendant paid his fine on the spot after the verdict
was announced and court adjourned.
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