Friday 15 January 2021

SECOND YOUNG COUPLE FINED MAXIMUM RM 17000 FOR ILLICIT INTERCOURSE

 draft Thu 4 Aug 2016

 

 

PENAMPANG. The Native Court here fined a second young couple within one week a total sogit (customary penalty) of RM17,000.00 for two offences against the Native Customary Laws.
 
Speaking from the bench, the panel of judges District Chief Bryan Matasing, Native Chief Andrew S Lidaun and Village Chief Charles Ebol said they imposed the fines in accordance with the Native Court Enactment 1992/1995 to instil awareness to the younger generation on the unhealthy trend of breaching their own native adat. “There are more couples coming to this court to divorce compared to getting married,” Matasing said.
 
The young lovers from Kg Nosoob Baru must pay the aggrieved party 2 buffaloes (RM5000), one buffalo for the appeasement of the village (RM2500), court fine RM1500, one pig sogit for the child (RM500)  adding to RM9500 under section 10 for “mianu-anu” (illicit intercourse).  The wife as first defendant pays 35% while her lover as second defendant shall pay 65%.  In default of fine under this section is 6 months jail for both.
 
The second defendant was also found guilty of enticing and taking away the wife of another man under section 18 and must pay another 3 buffaloes (RM7500) to the aggrieved party or in default another 18 months jail.
 
According to the facts of the case read out before passing the sentence, the young husband as plaintiff discovered that his wife with whom he has one daughter had another baby with another man he does not recognised after being told by his village chief and his mother. His wife had left their home after she had a domestic argument with her mother-in-law. The plaintiff claimed to have tried his best to contact her to return home but to no avail, at the same time he was transferred to Tawau.
 
Before the open court hearing on 19 July 2016, the Village Chief had also conducted his own investigative hearing where the lovers had admitted sleeping together like husband and wife both at her parent’s house and at a rented apartment resulting in another baby. The parents of both the wife and her lover were aware of this illicit relationship, had admonished and warned them but were ignored.
 
In the dock, the first defendant admitted her conduct defending her actions saying she was chased out of her marital home by her mother-in-law after the domestic quarrel and have no more love for “all of them”, and is willing to face the Adat Laws. Her lover as second defendant said he was not aware that his girlfriend was married until three months later but then she was already carrying their love child. He said he loved her so much, wants to marry her and willing to go to jail for it.
 
The court reminded both the defendants they have 14 days to pay the fines, however any party who is not satisfied with the verdict can appeal to the District Native Court within 60 days.
 
Meanwhile, the construction of the Penampang Native Court building has recommenced after a new contractor Masijaya Sdn Bhd was appointed. The new expected completion date is 14 May 2017 as per photo.

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