Thursday 14 January 2021

JUSTICE OF PEACE CHIDED FOR IMPROPER ATTESTATION OF STATUTORY DECLARATION

 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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