draft: Thu 28 July 2016
PENAMPANG. Two lovers who originated from Kudat were
fined by the Native Court here a total sogit of RM17,000 for committing two
separate offences against the Adat or Native Customary Laws.
The panel of judges District Chief Bryan Matasing, Native
Chiefs Adrian Sikawah and Woritus Paulus found the wife as first defendant and
her lover as second defendant guilty of “Mianu-anu” ( illicit intercourse )
under Section 10 of the Native Court Enactment 1992/1995 where the sogit is 2
buffaloes (RM5000) for the aggrieved party, one buffalo (RM2500) for the
appeasement for dignity of village, Court fine RM1500 and one pig (RM500) for
the three children of the wife and her legitimate husband. The court said the
enactment provides for one pig each for the children but they imposed only one
for all three children as consideration for second defendant who is a muslim.
The total sogit under this section is RM9500 where 65 %
shall be paid by the man while the wife pays the balance. In default of the
fine under this section is 6 months imprisonment.
The court also found the second defendant guilty of enticing
the wife of other person under Section 18 of the same enactment where the sogit
for the aggrieved party is 3 buffaloes (RM7500) and the default is 18 months
imprisonment. Hence first defendant has to fork out RM3325.00 while her lover
has to pay RM13,675.00.
Before passing the sentence, the court also read out the
facts of the case. The hearing was heard in early July this year where the
husband as plaintiff who lives with his parent and his three children at Kg
Nosoob made a police report on 3rd August 2015 on learning that his
wife had a secret affair with another man resulting in the birth of another
baby.
He had not taken any other action while waiting for the
decision of the Native Court. He was agreeable to settle the case in chamber
however the father of the second defendant would not agree leading the case to
be heard in open court. He said he got married on 28 December 2004 and
registered with National Registration Department.
In response, the wife admitted the affair and now had
stayed together in Kudat for two years. When asked if her actions would violate
the customary laws of Kudat, she answered in the affirmative.
In the dock, the second defendant was asked if the charges against him are true, he gave the typical answer, “some are correct
and some are incorrect”. He claimed that
he did not know his girlfriend was married when they befriended via facebook.
Only when he was arrested in Kota Kinabalu that he was informed the woman is
married. He admitted taking away another man’s wife because she was already
pregnant then in 2014. When asked if his actions also violate his own customary
laws and prepared to be punished he said yes to both questions.
The court informed both defendants have 14 days to pay
the fines or if any party not satisfied with the verdict can appeal to the
District Native Court within 60 days.
After the panel of judges have left the courtroom, the
father of the second defendant approached a court staff asking about procedures
of appeal.
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