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.
No comments:
Post a Comment