draft Wed 17 Aug 2016
PENAMPANG. The Native Court here ordered a resident of Kg
Kibabaig to be arrested by the Police for purposely ignoring a court summons to
attend a hearing for the second time today Wednesday.
During the first hearing on 27 July 2016, the court was
told that Mashul bin M. Tuguk refused to sign receipt of the summons. Following
the court procedures, a second notice was delivered by a clerk on 11 Aug 2016
and his report was read out in the court. It said the defendant was not at home
and his wife informed that he is at work in Lahad Datu. However the clerk
managed to speak to him on the phone and his response was to give the letter to
his wife who will submit it to his lawyer.
Hence presiding judge District Chief Bryan Matasing said
the defendant is aware of this hearing but his action has elements of
challenging the court and therefore in contempt. This court is helping to solve
problem peacefully but the defendant is also wasting governments time and cost,
he added.
The plaintiff Matthias Marcellinus from the same village
who filed a case against the defendant for refusing to sign a proposed land
subdivision, just have to be patient said the court.
In accordance with the Native Courts Enactment 1992,
lawyers are not allowed to appear both at Native Court and District Native
Court level but are allowed at the final Native Court of Appeal.
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