Case No. 75/2013 - FILIPINA INSULTS THE NATIVE COURT

18-3-2014

PENAMPANG. The Native Court here ordered a warrant of arrest for a 48 year old container-truck driver for failing to appear in court a total of five times. Four letters were issued to him to appear in chamber while the last was a legal summon to appear in the open native court and all five documents were signed acknowledging as received. He even answered a phone call saying he is on his way to appear in a previous chamber hearing, but never arrived.

Native Chief Andrew S Lidaun and Village Chiefs Rita John and Michael Bejuet made the unanimous decision in court when only the plaintiff, the 46 year old wife of the truck driver and six out of seven of his children were present. The husband and his female companion were absent.

Speaking from the bench, Lidaun even said that the Native Courts should be allowed to imprison in the same way as other courts, any offender who is blatantly in contempt of court as well as wasting the courts’ time and resources.

Earlier, the wife who came from Kg Pogunon Penampang testified that she filed the case in the native court because she has sufficient proofs her husband is having a secret affair with a Filipina only known as Jariah. (which can be a fake name)

She discovered her number from the handphone of her husband about 2 years ago and when called, she said that she had nothing to do with her husband as she is married to another. Her husband also denied anything on being confronted.

However, when the number was called again after some time, the same Filipina answered that “tiada lagi hubungan kami” ( we no longer have any relation – implying there was before)

All these happened when the husband was staying at the workers’quarters at Kg Kitobu, Inanam for the last 2 years.

The husband used to returned to their family home at Kg Kinuta, Papar regularly, however this became less and less of which he cited the cost of transport fuel as the excuse. The amount of expenses he sent home also became less and insufficient for the 5 children still staying with the mother. One daughter who is now studying at UiTM is not given any financial assistance. He even did not come home for a stretch of 6 months.

Then the Filipina started sending the wife many digital photos of herself in romantic pose with her husband. Eight of the clearest photographs were downloaded and printed by the wife and submitted to the court as evidence. Lidaun held up the photographs for everyone in court to see, while commenting that this is no longer a secret affair but a “hubungan terbuka” invoking laughter all around!

This was followed by daring and abusive handphone calls and SMS by the Filipina that were quoted such as “mana sudah mahkamah taih kau ? “ ( where is your #*$% native court) and “you have been cheated, all your husband’s money now goes to me”.

In conclusion, the wife begged the court, if possible, to jail and refer to immigration the Filipina for causing trouble to her family and investigate the misbehaviour of her husband and punish accordingly. She maintained devotion to the husband only because he is still the father of all her children present in court and will not give up because she has a duty to her big family.

The court was adjourned for follow up actions by the police.

VERDICT For Case 332/13 - Not honouring the promise to engage daughter, yet she already given birth to a baby

Case Title in Bahasa :  Tidak menunaikan janji untuk pertunangan tetapi anak perempuan sudah melahirkan anak

Plaintiff:  Mum of girl  (Melinda)
Defendant 1:  Salleh b Banjar, 21 Cloth Seller (Kibabaig)
Def 2.  :  21 y.o.  daughter

Facts of case:
1.  Daughter gave birth to a baby after staying together with D1 for one year and not married, not even engaged as previously promised by the defendant.
2.  Salleh definitely was responsible for the pregnancy
3.  The father had proposed for the man to conduct engagement process but he reneged on his promise
4.  The village chief of Duvanson was well aware of this case
5.  Has violated the Native Customary enactment 1992/1995
6.  On 22 July 2013, a police report was made at Penampang where he promised to carry out the engagement and also not to disturb the girl until then.  Instead not only did he dishonour the promise but also threatened the girl to go away from home and stay with him.

From the 1st defendant's own statement:
1.  He accepted the girl with open heart (whatever that means)
2.  Admit bringing her out of her home without consent of the parents or engagement
3.  Causing the birth of a child before bethrotal (nikah)
4.  Admission of violating the native customs and ready to accept the penalty

From the 2nd defendant ( the girl)  Emelina

1.  All accusations by her mother are true
2.  Did not deny having stayed at the house of the accused
3.  Ready to accept the appropriate penalty

In summary, the man's promised to marry was dishonoured instead committed threat to force girl to stay with him.
First hearing was held on 19 Nov 2013.

VERDICT:  Also in accordance to the order of the Chief Judge or the District Chief,  all offences will incur a penalty.

Under Part III-10(1) of the said enactment

1.  2 water buffaloes  RM 3000
2.  1 water buffalo for the kampung or RM 1500
3.  Court cost for offending the native adat: RM1500 (700 to be paid by the girl as second defendant)
TOTAL:  RM 6000

Under Part IV 21 (1)  taking a daughter out without the consent of parents
 1.  Pay 2 water buffaloes or RM 3000.

Grand total of fines  RM9000.00  ( no leniency or reductions )

Pay all fines to the Native court within 14 days or face 12 months jail, 6 months from each of the sections.

2.  If the offences is still repeated, the next fine will be doubled. He can appeal within 60 days however the court orders that the daughter is to return to her family immediately after the verdict.

If the man still wants the girl, must pay all the fines first they conduct a proper wedding ceremony complete with Sumazau..  and gongs. etc.

THE GAVEL WAS STRUCK by the presiding judge.

After the hearing was over the accused simply talk with the girl and went out of the room fast as if he was ready to challenge and disobey the orders.
Totally no respect to the court at all.

Case 333/13 - Menuntut Blanja Anak dan Maruah kerana Lelaki Sudah Khawin

First hearing date: 11-12-2013

Plaintiff:  Housewife (LL) originally from Kg Kibunut

Defendant 1: Crane Operator ( S A)
Defendant 2: Housekeeping Supervisor Segama Hotel ( L L)

Both defendants in the dock wearing purple dress

Plaintiff Testimony:

( Native Chief chided plaintiff for writing in complaint letter that she is fed up being called to court 3 times but still no completion to her case, because the court seems to be accused of not doing their job.

23 June 2013 - couselling due family problem
29 May 2013 - councelling but both parties did not carry out advice
31 August 2013 - There was an application for divorce but the Native Court cannot carry this out since they married in Church and registered with JPN.
Only the high court can do that by first engaging lawyers.)

Housewife in witness box said she summon her husband because he had married another woman called L. L.
I recognise this woman because she came to our house during a birthday party of our grandchild. She came with friends and cousins of my husbuan in 2011.
The Ketua Kampung KK Limus informed her by phone that her husband and the woman had married in Nov 2013. ( Judge again chided her for not bringing her own proofs such as factual dates)

Judge asked do you know why he married again? She answered, "I don't know, maybe I am too old for him".
Before this we lived as husband and wife under the same roof and bedroom.
Judge ask, were you living like normal husband and wife?  she could not answer.

She complaint that now husband does not give any more expenses and now she looks after her own livelihood for about a year. We had 7 children, one is still at school. The rest have their own family to look after, only one left who gives her some food and drink.
The one still studying at Perak to become a nurse and she is given some support after being asked.
Judge ask what she meant as "maruah sebagai esteri" and she submitted a document of claim but the Judge stated that these claims can only be made after they have formally divorced.  She was again chided that she has to ask first to be given whatever she wanted but seemed to have kept quiet in the past.

( housewife signed the statement)

Defendant 1 testimony as heard verbatim:

The accusation that we have married is rather not true. He intended to marry the other woman but have not got letter with witnesses.
Judge chided him, I have told you to get a divorce first 3 times before you can marry again. Defendant 1 replied that she asked the wife for a divorce but she refused.
He is now staying with the other woman but the Karabau has not been slaughtered yet ! And he also did not follow the Native court advive to apply for a divorce at the high court.

At the moment they want to live together like husband and wife so the allegation by the wife that we are married is not true.

So judge ask him, are you having a secret affair or hubungan sulit and the defendant said NO !

Judge said there is only two choice, either you are married or hubungan sulit (secret affair) and there is no such thing as hubungan terbuka (open affairs) otherwise all the other women can be subjected to be opened everywhere !!
( court suppressed or giggle at this joke)

Hence the Judge postponed the case to 7 Jan 2014 for the husband to choose between ..
1. Having married or second wife, or
2. Having a secret affair ( hubungan sulit)

(The problem of course is that whichever the husband chooses, the penalty is still high..  3 buffaloes worth !!)

=====

On 7 Jan 2013,  all three were now wearing purple shirts.

This time the first defendant has to continue his defence in the witness box.

The question from the judge was, "have they got married yet"?
Judge reminded him that they got married at St Michael's Church and no other authority will give another certificate of marriage for getting married a second time, so they will get married on their own.

Defendant statement was then:
"The accusation of my wife that I have got married again is true. This is because the family of the other woman wants us to get married even though I am still legally married to the first wife. We held a simple reception but no village chief attended, we made up our own ceremony, no buffalo was slaughtered, bought beef enough for the party.

JKK Chairman have no power to certify any marriage. No sogit was produced and no other animals was slaughtered for the kampung ceremony.

Judge asked, are you still going to live with your girlfriend?
Defendant answered that he still want to be with her because the old wife don't want him anymore and I have asked for a divorce but she refused.
(this was in contradiction with wife's previous testimony)

All these time, my wife refused to accept me as a husband but when I went to live with the other woman, she summoned me to the Native Court.
I will accept the penalty for living with the other woman.

( Judge commented that the native court is not a punitive court but set up based on our forefather's traditions and customs to solve people's problem, sometimes with counselling of the parties involved and punitive action taken as last resort)

Judge called the second defendant into the witness box for her statement to be taken.

She agreed with the first defendant that they are living together and the fact is true.
She asked the court why for one whole year they were living together, the wife never came to look for her or her husband then. Only now she summon in this court.
That was all her statement was and signed the statement records.

The judge then adjourned the hearing for the verdict on 4th February 2014.

VERDICT ON 4TH FEB AT ABOUT 10 AM, THE SECOND VERDICT READ FOR THE DAY.

Native Chief Andrew SL presiding assisted by two village chiefs or ketua kampongs, RJ and SK

Summary of facts noted by the judges
From Plaintiff.
1.  Husband has got married again as informed by the ketua kampung who investigated and found them living together
2. Before this plaintiff and husband stayed in the same house together
3. 1 year not giving any maintenance to the wife
4.  The rest of the kids are working
5. Husband pays for one kid who is still studying at semenanjung
6.  plaintiff is claiming sogit as per native customary law.

from Defendant 1.
1. Family of the other woman chided them for living together without a ceremony/ reception.
2.  So he held a reception according to his own made up adat, without a buffalo for sogit
3.  There was no village chief present
4.  Admitted that the "kenduri" was not valid
5.  Stated he was willing to be punished as per native adat
6.  Stated that his wife did not want his as a husband and do not want to divore him either, but when he went to stay with the other woman, sued him in native court.

from defendant 2.
1. Admitted that they were living together as per the defendant 1 testimony. And the marriage not valid, willing to submit to the adat as per her actions.

Summary:
There was a clear admission by both defendants
Husband still got a family, wife and 7 children. If he wanted to marry again he should divorce first wife and do the proper process according to the native adat, so he has clearly offendend the Native Adat Enactment.

Penalty:  Under Part 3- 10(1) "mianu-anu"
1.  Pay 2 "kerabaus" or rm3000 to the aggrieve party (plaintiff)
2.  Pay kepanasan kampung or appeasement to the village another kerabau.
3.  Court cost for not respecting the Native adat RM1500 (700 to be paid by 2nd defendant)
4.  Every children to be given sogit of one pig or rm 500 each.
TOTAL:  RM9500.00
Payment to native court within 14 days or face 6 months jail, or appeal to District Native court under the DO within 60 days.
However if the offence is repeated and another case filed, automatically the total sogit will be doubled.
On top of that, the court ORDERS the man to return to his family immediately after the verdict while the other woman is still pretty and available can find another eligible male.. !!!

The first defendant will not appeal but beg for leniency on the fines.
So the panel of judges  considered and reduce one buffalo to calf buffalo costing rm750, and all the pigs to piglets worth RM 300 each.
Total reduction of fines = rm750 + rm200 x 7 = rm 2150.00 to be paid in 14 days.

CASE CLOSED:  Gavel on bench struck.
==========
After the judges have left the courtroom, one young daughter was seen weeping silently at the back of the courtroom.

Lesson learnt: 7 children and still want another woman?  Sure must learn to control the urge mah otherwise the children will suffer the shame.
At the same time the fine is very very hefty and no way you can avoid unless you wanna go to jail for 6 months.
Income is difficult with the rising cost of living so better do something about your libido, better kill it when you grow older.  Better learn to do something in your free time.

Case 291/13 - Fiancee is having an affair with another man - THE SEVENTH HEAVEN CASE

Case of a fiancee who loves the song "Langit ke tujuh"

This was previously posted on 12/11/2013 but another thread is started because this is going to be a long long story. First heard by the native court on the same date but the judge postpone the hearing until 6 January 2014 because the plaintiff failed to turn up at that time.

Plaintiff: DPB - Contractor cum businessman from Sugud

First Defendant: FEL - part time lecturer, part time student

2nd defendant:  JM - businessman
( 2nd def did not attend court hearing but send a letter to the Native chief citing prior appointment but requested the hearing to continue.)

Official case title:  Tunang saya ada hubungan sulit dengan lelaki lain.

Plaintiff testimony:
==============

First defendant and I were engaged on 22 Oct 2006, witnessed by one Ketua Kampung and two Wakil Ketua Anak Negeri.
Scene One:
On 9 April 2013 at KKIAirport at about 10 to 10.30 am, I saw with my own eyes by chance my fiancee and 2nd defendant sitting at a McDonald restaurant at a corner, just the two of them together. Upon seeing, I SMS her HP asking why he is sitting with JM?
She answered that she is doing a research or thesis on Kadazan Dusun Wedding customs and the man is her so-called advisor. By right i am the fiancee and she should ask me. At that time I believed her because whe was doing her thesis and I just accepted being a positive person. Did not approached them because at that time was rather shy and was about 30 ft away.

Scene no. 2:
On 4th July 2013 my schoolmate CA called my HP and want to tell me in person  about my fiancee. She called me to a reunion party of old friends. She told me that all these while, my fiancee has not been faithful to me. She decided to show me conversation between my fianccee and cousin that she has been busy with other men.  There are 13 pages of SMS messages circulating amongst friends but No. 3 is the one to be submitted.

Scene No. 3:
On 16th Aug 2013, about 11.45 to 12.30 midnight again JM and my fiancee was partying at Blue 7 club at Nosoob Kobusak Jln Penampang. My younger brother AB and his friends EP and TBP (also the niece of fiancee) saw them there. At that time, I was at home bu my brother called me to tell that my fiancee is there with the man and so I asked my brother to take a photo. My question, is this a place suitable for asking advice on wedding traditions and cultures of the KDM?
The photos were not clear, many attempts but the place was dim. They realised that they were being observed and taking pics, so they went out of the back door and seen by friends as holding hands and entering their car, a Ninja Super King coloured white. The witnesses were sure owned by JM.

Scene no 4:
Late Aug 2013, a friend BS and I were invited to a birthday party of one business friend Sheila, a land broker who informs me about available land for purchasing.
We entered the Club Bonjur at Taman Hilltop Lintas Luyang.
At about 10 pm I booked a table and heard someone singing "Langit Ketujuh" (a favourite of my fiancee) and seemed to recognise the voice.
True enough when I investigated, I found my fianccee flirting with JM while singing the song (berkambai kambai sambil menyanyi). This went on for 30 minutes so I felt uneasy. So I instructed the waiter to call her to my table.  She was shocked to see me there. I wanted to ask her lots of questions but she did not turn up to my table. JM saw me and pretended to go to another table as if nothing has happened to cover up the matter. 15 min later JM with out of the backdoor. I believe he has many GFs and my fiancee seemed to be just one of  them.
She stood there talking to a lady, did not come to my table and 15 minutes later she went to the toilet and after coming out she  immediately went out of the backdoor.
When I chased after her asking her to stop and calling JM at the same time.
I said, is this JM, you are my uncle, why are you disturbing my fiancee?  He answered, I don't know what you are talking about and I dont know any one named  F.
(JM father and my grand father are first cousins so JM is my uncle)
I said to him that night, " you fucking bastard" because I was very furious by his actions.  " I will sue you and F at the Native Courts. Then I hung up because I dont want to waste my time. My fiancee just stood in front of me and I said in a loud voice, "you fucking bitch" (anjing betina?)
She did not utter a single world.  I also said, "you are a good actress and this is what you have been doing behind me for the past seven years with JM, the so-called bloody millionaire.  You can get out of my life, you have no self respect."

After that I went back to the club. No words to describe how I felt because I was a bit drunk. But I composed myself, did not do anything bad or stupid. I prayed that I would not do such thing for a long time. When I went back to my table, Sheila asked me why I did not join with F and friends at that time. I said, one of them was my friend and I did not want anything bad to happen.

We have been engaged for 7 years, the engagement time was supposed to be only 2 years as per agreement but wedding kept being postponed because she wants to pursue a master degree, and so it stands until today after 7 years. We did not come back to the people who conducted the engagement because I respected her wish to further study at University Technology Malaysia for 2 years.

I have already paid the engagement cost berian and even supported her studies morally and financially to about RM18,000.
I could not afford to support her so I used my land as collateral for a loan with Yayasan Sabah. The proof is with the fiancee.

In order to get the degree and graduations cost must be paid and as a fiance, I felt responsible because her family cannot assist financially.
After getting a master degree, I discussed with her about wedding but there was no answer. Now she is saying seh wants to take a PhD in KDM wedding cultures and now in the 2nd year of the course which will take 6 years.
So now the marriage is hunged with many excuses until now.
A few times I gave her a JPN form but nothing ever happened. Along the way sheila was shocked and felt guilty that JM and F were invited and caused the problem and they were her friends too.

For 7 years was trying to get married but all the time so many obstacle. I still sayang her despite all that had happened as she is my fiancee.

But with all the evidence, now I wish to end the engagement after the Native court have concluded the case.  Based on the additional ticket evidence, she went to Penang on 24 July 2013 together with JM without my knowledge as a fiancee. On 7 December 2013 also went together to KL with flight KK513.  With Exhibits 1 to 6 I have decided to take action at this navite court in accordance with the customs and traditions of the natives of Penampang District.
The court was adjourned at 11.45 am and the next session to be called by the court and also to summon the 2nd defendant.

CONTINUATION HEARING ON 12 FEB 2014 AT 9:30 AM

2nd Defendant was present:

Panel of Judges now included the District Chief while one Village Head step down to the Court official bench.

Since the 2nd defendant was not present in the first hearing, the court read out the record of testimony by the plaintiff as shown above, except there was one additon not record previously.
The Native Chief also informed that a police report was made by the plaintiff and referred to the DO who gave the green light for the case to be heard in the native court.

After the reading was completed, the 1st defendant was then called to the witness box and sworn in.

When asked by the court on the allegation by the fiance, she said she understood all the charges, most were "terpesong" ( literally means deviated) which the judge recorded as not true, only a bit was correct.

So then the panel asked her to touch on all those she considered as terspesong, leaving out the allegations which she admits as true.
She started saying that she has to start from the beginning like from 2005.

Judge says that she should focus on the incidents such as at KLIA, and the rest and say why it is not true, but she insisted that there are relevance to the past events.
(at this juncture 2nd defendant interupted that she should be allowed to make her statement otherwise it is not fair, because previous statement said everything including the word "millionaire".)

After the interruption was stopped by the panel she immediately stated that she pleads not guilty on the charges of secret affairs.
Judge says they are not saying if she is guilty or not, the present process is simply investigating the facts of the plaintiffs testimoney.

So she started explaing the incident on KLIA on 9 th April 2013 that she was working as a part time lecturer and there is an appointment letter from JBorneo company appointing her as an IT consultant and Research Assistant related to her research on her thesis.
She was ordered by her employer to send a file to KL and she needed to discuss about the tradional wedding process and interview those getting married with the traditional way.
I was contacted by the fiance by SMS and did not talk to him in person as there is no law to say I must speak to a fiance.
He is short tempered and his SMS asked " why are you with somebody's husband"

This was as far as her testimony has reached when 2nd defendant loudly interrupted the proceeding saying the court sounds one -sided and if this is the way the court is conducted, I might as well go home, and started unlocking the latch of the docks.

He was told to be silent while the witness was still giving testimony and he will be aloud to speak once he entered the witness box.

The plaintiff who was sitting outside the box and in the middle of the court now, also stood up to ask the court that only the issues of the incidents in 2013 is the subject of the court and not anything in the past 7 years.

At this 2nd defendant got more angry saying that guy is allowed to speak outside the witness box and raise his voice further.

The hearing looked like going out of control but the Presiding District Chief stopped the hearing and warned that those who do not respect the court can be jailed up to 24 months and fined RM5000 or both for contempt of court.

Since the tension in the court appears to be hot, the panel decided to adjourn the hearing to a later date which was not annnounced.


( The continuation of this case is not known since the panel is deciding if any action be taken against the 2nd defendant for interrupting the court proceedings)

PROCEEDINGS CONTINUED ON 12 JUNE 2014.
No action was taken against the 2nd defendent for clearly being in contempt of court last time. Instead this time both 1st and 2nd defendant did not turn up to court by 9:30 am.

Sitting on the Bench were newly appointed District Chief OKK Bryan Lojingon and assisted by two senior Native Chiefs, Andrew and Marcus.

By 9.45, the court had made 3 formal calls for the defendants to be present in court and a Ketua Kampung, Rita J as a court official went out of the court 3 times to check if the defendants have arrived outside the court, but she came back reporting that they are not around.

Plaintiff in the witness box stood up to protest that the 2nd defendant has been in contempt three times in the past and requested the court for action.
The Bench replied that the court in nature is lenient and may only take action if the defendants again failed to turn up on the next hearing to be fixed.  The hearing was then adjourned.

Outside the court, the parents of the defendant were clearly disappointed with the leniency of the court.
The said that the defendant were in contempt of court, wasting everyone's time and the court should have taken actions earlier.
The defendants should act like gentlemen and come to court, better still admit their guilt and thus the case can be settled soon.
Then both the parties can go on their way to marry other persons of their choice instead of the 7 year engagement which cannot proceed nor can be ended amicably.

The courts and the defendants are certainly unfair to my son, they said.

Next date of hearing still UNKNOWN.

++++++++++++++++++++++++++++++++++++

UPDATE.  29 jun 2015

Sometimes in mid of this month 17 or 18,  I passed by the native court and met the parents of the plaintiff.

They told me the fiancé and fiancée are in the chamber to settle officially their engagement, meaning end the engagement amicably in chamber.

Since it was now a chamber case, member of public are not allowed but the parents said the case has been delayed perhaps purposely by the second defendant so in other words he has escaped the court using the methods of procrastination.

There was never a letter from the State Attorney regarding the temporary stopping of the proceedings in court.
Hence instead of keeping the case hanging indefinitely, the couple decided to end the engagement after now more than 8 years.

According to whispers, the settlement is simple.

1.  All berian and the ring are returned.
2.  She has to pay about rm16 K of money spent on her education by instalment of 2k per month.
3. According to the native enactment, if it is the fiancé who ends the engagement, then their is a sogit of 2 karabaus.

The parents of the groom insisted on LIVE buffalo meaning that will cost RM 2500 each, the Penampang cost of a buffalo.

THE SEVENTH HEAVEN CASE THUS ENDETH.

Case No. 229/13 Wife have secret liaison with unknown men

Plaintiff: Sipail
Defendant: Sylvia Jamilah

Perkara: Esteri Saya ada hubungan dengan lelaki lain.

The case was first heard openly on 12-9-2013 but only the plaintiff was present. The court partially heard the complaints from the husband but the judge postponed the case in the absence of the wife.

Second hearing held on 30th Oct 2013 with the wife in the dock
Judge AL, assisted by ketua kampung RJ and Michael S.

Plaintiff testimony:

Last year Sept 2013, the wife complaint of painful back, did not come home but went back alone to a house in Putaton Pinonsok.

On 3/1/2013 I was busy  harvesting padi and working as a labourer for RM500 per month at Kg Terian.
On 4/1/2013 the eldest daughter aged 5 had some black marks in the back, I was accused of beating her. I had no time to do that because I am busy doing work. The younger daughter is aged 2.
Actually the eldest daughter is not mine but to protect her dignity I married her at a church in Terian and we beget the 2nd daughter.

On 5/1/2013 I went to harvest padi but in the evening my wife and the two daughters went missing somewhere I did not  know. It was Saturday, I was sad but still have to work harvesting padi. That evening my elder sister Evelyn informed that my wife accused me of beating the daughter and had gone to the hospital and made a police report. My elder brother Blasius also told me the same story.
I met KK Mositung of Kg Terian to summon my family to the balai of KK.

I went to the welfare department and police station but none of them ever summon me for anything.

On 22.4.2013 he summoned the wife to the native court which concluded that the wife should return home and family but did not return in April.

In May, I manage to bring them home. An elderly lady came to complain that my wife had given her a fake RM50 note to buy kampung cigarette. So the lady accused her of using fake money.
A detective named Addy investigated her at the Police Station Penampang and this man came to take her several times
When I call the wife, she is not at the police station but sounds like she is at someones home.

While I was staying at my brothers house at the rear of the police station, I felt uneasy because the cops seems to be investigating during the night. This is what happened in early May 2013.
When I asked my wife she said the investigation is done far at Kepayan.
She also denies everytime she is taken out by the police.

She also asked me for RM1050 as a payment for the problem with the fake money but the problem was not solve. She kept going out with the cop even thought the payment is supposed to be paid.
I also dont know why my wife is staying at teh Beverly Hills until now.
She never return to the kampung. As far as I know she does not work, she ask for support but always seems to go out with some boy friends.

Early July this year I was angry, took her handphone and smashed it to the floor. But then I put her simcard into another hp set, then I received many phone calls from males contacting my wife to meet and go for outings.
I also received SMS from Addy and there is also a Pakistani who came to take her. My younger brother witnessed her together with this Paki. Only then I became aware of what is going on with my wife.

So I summon her to this native court but two times she did not turn up, only today she appeared.
In April 2013, she said she had converted to Islam and asked me to do the same. Siou ( sorry ) I told her I am not interested.
So now I do not know how to solve this problem and so asked this court for assistance and proper actions.

(statement signed by plaintiff)

The wife was then placed in the witness box.
She said she understood all what was said by the husband.
Judge asked her, according to our Adat, do you still consider him as your husband?
She mumbled that since she is now a moslem and her husband is not.. judge interrupted her saying that is not an excuse.
Judge said before your answer this question again, look at the reporter behind you first.  She then replied in the affirmative that he is still her husband. As for the rest of the allegation by the husband, there are some truth and some that is not.
Judge then ask her what are those not true:
She answered that she is staying at Beverly because she works there and had told her husband before.

She left home because always quarrel with the husband. " I do not like his ways and made me fed up. I ran away to avoid the quarrels. No I have no more feelings for him. How can that be wrong to run away from such husband. Every time he got drunk always beat us up"

So judge ask her if she got proof of this such as making a report with the police and welfare department. She said none.

She was asked, "how do you plan to solve this problem?"
She answered, "I want to let him go, I want a divorce from him"

Judge asked, "how long would you take to solve the problem?"
Answer 2 to 3 months, using the services of a lawyer. Judge also asked her to provide proofs of all her allegations.

The husband responded from outside the dock saying, "If she wants a divorce, I have the right to ask her for refund of all my expenses on her. Better to spend the money feeding the kids rather than solve her problems. It is her asking for divorce and not me".

However the Judge then postponed the hearing since time was running out and he ordered both parties to provide as much proofs as possible to back up their testimonies.

Next date of hearing still Unknown.
======================

Updated today 20/5/2014

I was reliably informed by the Native Court that the open hearing for this case was discontinued as the solution was continued in chamber.

The Native Court has granted a divorce between the two as they had registered their marriage with the Native Court before.

With the wife having converted, reconcilliation is therefore impossible.

NURSE is charge with POLYANDRY - Case No. 239/13 - VERDICT 10 DEC 2013

Case Title: Taking someone else's wife. The wife giving birth to a child, and  marrying another man.

Date 2nd hearing: 19 Nov 2013 (missed first hearing)

This nurse Lizzy 29 was originally born in Ranau, got married in church in Penampang, the judge mentioned St Xavier. She seemed to have applied for a transfer to Sandakan as an excuse to be away from the husband.
At Beluran, he married another man via the Native Court and a reception was held.

When the plaintiff was asked if he has fulfilled his obligation as a husband, he affirmed that he had taken care of her and her welfare including religion and love and had given her freedom for normal entertainment only. He never punished her but gave verbal reprimands only.

When the wife was questioned by the court, she replied in affirmative  to have understood and agreed with the husband's testimony.
When asked if her welfare was taken care of, she said "maybe" there were some deficiency or lacking but could not specify any example.
She also informed that the Native Courts in Beluran never asked if any one of them were married before.

When the 2nd defendant and second husband was asked, he said that the engagement certificate was not signed because the Village Headman was not present. Only during the village reception party did he put the chop on the certificate. The wifes representative followed up with the marriage registration with the Native Courts of Beluran.

The court announced that the next hearing would be 10 Dec 2013 subject to the replies from the Beluran Native Courts regarding the validity of the marriage certificate.  Court was adjourned.

(after the hearing and all the relatives and cousins of the wife have left the court room, this defendant was seen walking alone to her car even without the second husband)

VERDICT on 10 December 2013

The hearing started late, only about 10 am.

The presiding Native Chief started by reminding everyone present in court to turn off or set to silent mode all their handphones and to ensure there is no  disturbance to the court proceeding.

He started announcing the verdict by first giving a brief summary of the case.
The case number 239/13 was first heard on 17 Oct 2013 and they have established that the plaintiff and his wife ( the first defendant) are still legally married, the "matod" was carried out on 5 May 2010 at St Xavier's Church and the marriage is registered with NRD.
The plaintiff issued the summon to his wife and 2nd husband on 29 Aug 2013 and the charges were:
1. Mengawini esteri orang lain ( for defendant 2)
2. Melahirkan seorang anak lelaki
3. Berkhawin dengan lelaki lain ( for defendant no. 1)

The second wedding was held in a kampung at Beluran on 14 July 2013 and before that the two defendants has a secret liaison of sexual nature and she was already pregnant

The plaintiff testimony was taken on 29 Aug 2013 and the panel of judges has taken this into account including laboratory reports regarding the baby which confirms that the plaintiff has nothing to do with the baby. Copies of all wedding certificates and birth cerficate of the baby are also available.
Also taken into account were the admissions by both defendants.

The judge then announced the fines or sogit for the offences.

On the first charge, the 2nd defendant is found guilty of SOLOD or marrying another man's wife under section 19(1) and fined 3 buffaloes ( RM4500)
The first defendant is found guilty of MIANU ANU for sexual offence leading to the birth of a baby, under section 10(1) and fined 2 buffaloes (RM3000). For marrying another man while being married to the legal husband, she was found guilty of LAPAU under section 20(1) and fined another one buffalo (rm 1500) and also to pay KEPANASAN KAMPUNG or offence against the virtues and dignity of the village (assume this must be the village where the legal husband lives).  However the amount was not stated as the judges are still unsure how much a buffalo cost in the market today.
The Nurse was also warned not to repeat the same offence otherwise all future fine or sogit will be doubled that of the first offence.

All the 6 buffaloes as sogit are payable to the plaintiff.

Both defendants were also fined a sogit of one livestock for every child of the legal marriage, however this was not applied since there were no children from the legal marriage with the plaintiff.

The court cost was set at RM1500

The court also gave an order that both the defendant cannot remain or live together as their marriage certificate issued by the Beluran Native Court is considered NULL AND VOID. The two defendant must settle with the plaintiff first all issues ( assumed including formalising a divorce between the plaintiff and his wife)  before deciding what to do with their futures.

The maintenance of the new born baby will be the responsibility of the 2nd defendant as the plaintiff has made it clear from the start that he will not accept the baby as his own.

Hence the total fines handed by the court to the two defendants is a whopping RM10,500 and still excluding the Kepanasan Kampung which must be paid to the court within 30 days, in default further fines and a jail term will be imposed.
However, the judges were quick to remind that should any of the parties is not satisfied with any of the ruling of the court, they can appeal to the District Native Court presided by the District Officer within 60 days.

Both the plaintiff and defendants were asked if they had anymore thing to say or would appeal the ruling.  The plaintiff said that he was satisfied with the verdict while both defendant also hinted that they will not appeal all the rulings of the court.

Court was adjourned or fully concluded at about 11 am.

MORAL OF THIS CASE:  NEVER ever fooled around with the wife of a native, what more take her for a wife. So before getting married, both parties really must be sure of the marital status of your potential spouse if you want to avoid paying a total of 6 buffaloes which seems to be 6 times more expensive than marrying a virgin !!!
Also this Customary Law in Sabah is not going to be abandoned anytime soon in favour of Western Style sex freedom. Instead the said Native Customary Law Enactment is being strengthen by the Native Chiefs community where they often have a Native Law seminar where proposal for improvement of the laws and revisions of the fines are constantly  being discussed.

Husband had illicit sex with underaged student resulting in the birth of a child, Case No 300/13

The Draft Article for press:

PENAMPANG. The Native Court here found a 32-year-old mechanic and his 19-year-old companion and a fresh school leaver guilty of “mianu-anu”under Part III, 10(1) under the Native Court Enactment 1992. Their illicit affair resulted in the birth of a baby boy which is now 4 months old.

District Chief Christopher Mojungkim, Native Chief Andrew S Lidaun and Village Head Michael Sigawal were unanimous in their verdict and fined them a total of RM 7000.00 consisting of sogit of two heads of livestock (RM3000) for the wife as plaintiff, a full cost of RM2500 for a water buffalo as “Kepanasan Kampung” (appeasement of the village), one pig (RM500) for sogit to the three children and court cost of RM1000 (after the mechanic begged for a reduction) of which RM300 is to be paid by the companion as second defendant.

According to the facts of the case, the wife filed the case at the Native Court upon discovering her husband’s secret affair with her young cousin whom he would fetch from school and brought her out for a date. It was wrongly report on February 21, in Daily Express that the girl was the cousin of the husband instead of the wife’s cousin.

The mechanic and his wife married under the native tradition and their marriage certificate were registered on 6 April 2002 at the Native Courts of Penampang. They have three children aged 2 years and six months, nine and twelve.

In mitigation, the husband had given the court a quotable excuse that the girl’s pregnancy “was not requested, not planned and not done on purpose” and signed with his thumb prints, however failed to impress the native judges. He has now decided to marry the girl who is a muslim which will initiate another divorce proceedings by the wife who has declared to the court that she and her three children will remain firm as Christians.

The court gave the mechanic 14 days to pay all the fines or face 6 months jail while the girl faced 1 month jail if she fails to pay her RM300 court cost fine. He can also appeal within 60 days however was advised that since he had admitted his offence during the proceedings, appealing may aggravate his case.

After the verdict and fines were read, the mechanic pleaded to be given more time to pay the fines and asked if he can give a cow instead of RM2500 for the village. The court allowed that a cow and not a calf is acceptable since it is also considered as one head of livestock and he may delivered the whole cow to the village head who will then issue a receipt.

Outside the court, the village head and the father of the plaintiff who were both present for the verdict informed that they will carry out the ritual sacrifice of the cow and the pig in accordance to the practices of the natives when the mechanic has honoured his promise.

Case Title : Secret Liaison of Husband with the cousin of his wife

Plaintiff: Wife from Kg Madsiang
Date of Hearing: 18 Nov 2013

Plaintiff Plea: Request the Native Court to settle her case, punish the husband if found guilty.

Briefs of the Case: ( names will not be mentioned due to underaged involved)
The plaintiff appeared incapable of making her statements and had to be coaxed by the judges.
She informed that they have 3 children, 2 are already schooling
The husband is a self employed mechanic who had a baby born early this year to a schoolgirl and her cousin. She initially claim to maintain affection for her husband.
Her cousin is a moslem while she is a Roman Catholic.
She told the court that should her husband be forced to marry the girl and convert to Islam, she will definitely not follow in the conversion and if forced to divorce the husband due to this, that she will claim both compensation, maintenance and custody of all the children. The judges have to coax her if she also wanted to have alimony for herself.

In response, the husband simply admitted to everything said by his wife and said nothing else. He signed the statement both with a pen and a right hand thumbprint.

Later the Ketua Kampung also informed the judges that he had seen the husband with the student before and warned them not to play with "fire",
( he said saya nasihat mereka jangan main api, but really they did "main api" after all, and sadly in local malay idiom, "main api" means to have illicit sex) This also prompted the judge to count the months from the month of the birth of the child and the month when the ketua kampung gave them the advice, and concluded that his advice was too late, that the stomach was already filled with a baby !!)

This case was postponed to a later date in order to summon the other woman (student) as second defendant.
THE father of the plaintiff also informed this reporter that he had already made a police report against his son in law and after this case is dealt with in this court there will be another charge of Statutory Rape against his son in law.

UPDATE: Hearing on 6th Dec 2013.

The defendant and schoolgirl was unable to be present in court on time because they travelled in the morning all the way from Kota Belud.
The panel of judges waited until 10 am and then recorded a postponement to a later date in January 2014.

Half an hour later, the defendant and schoolgirl arrived outside the courtroom door but the judge has already left the building. However, he managed to talk to the two ladies who are village chiefs of different kampungs and also acted as members of the panels. The defendant informed them and this reporter that they were stucked in a flooded road between Inanam and Menggatal and their vehicle broke down and had to call for assistance. Also he had called the handphone of the Village Chief from Kg Madsiang who passed the hphone to his father in law.
However, the father in law did not inform the court of his predicament during the morning hearing while the Kg Madsiang village chief did not attend the hearing.
Thus the defendant remarked to this reporter that the Ketua Kg of Madsiang is biased because he is related to his father in law.
The lady ketua kampung suggested to him to stay in Penampang during the next hearing instead of travelling all the way from Kota Belud while this reporter adviced him that he should have called the official number of the admin section of the native court instead.


HEARING CONTINUED ON 20 JAN 2014

More particulars on 1st defendant: Born in 1982 - 32 y.o. mechanic
2nd defendant from Kg Kasau Minansud Kota Belud now 19 yr o.

Plaintiff was again put in witness dock for more questions. She said:
Her children were aged 12 yrs, 9 yrs and 2yrs 5 months ( one girl)

If husband marries the moslem girl, she cannot do anything because he would automatically divorce me as a wife as she is RC and would never wants to convert to another religion including her children and would accept the consequence that the three children will never be able to inherit any properties of the father. She is already too lazy to investigate if her husband had married or not the other girl.
Her husbands workshop business at Madsiang is already closed, still got licence but no clients.
If divorced, she will still asked for maintenance as there is no one else to feed the children.

Defendant 1 inside the witness dock:

Judge repeat part of his previous testimony that the affair is true and not denied. When asked what why and what purpose, the defendant replied with the classic statement:-
"Bukan diminta, bukan dirancang dan tidak disengajakan."
He said he only pitied the student at that time.
Judge asked him if he pitied his own wife and 3 children and whether he can control his lust (nafsu). No answer.

He claimed he regretted what happened and wish to take care of both women.
Claims he had not planned to marry the girl due to different religion and at the moment still has not converted to Islam but when he is with the girl, they lived in the same house like husband and wife. Sometimes go back to Madsiang to stay with the legal wife.
If possible he wants both the women.
Married for 12 years with the legal wife
At present he had not made any decision because have not discussed with the girl's parent and needs more time to get confirmation once he meets the parents.
So the court decided that one month time will be given.
Next hearing will be 19 feb 2014, 9 am

Before that Testimony form girl taken from the witness dock:
She confirmed that the affair occured and that she gave birth to the baby boy which is now 2 months old and currently being taken care by the mechanics parents.
He plans were to "mau jalan sendiri" or continue with her own life and do not really wants to get married to the man and do not want any more relations.
Initially my father wants me to get married since I already bore a child but at present we still have not married yet.
It was the mechanic who planned to have a wedding but now not confirmed.
( at this point of testimony, the plaintiff pointed her fingers to her head)
She also said that the mechanic still wants to go to her house to be with her.

Judge then adjourned the hearing to 19 Feb 2014.

HEARING Continued on 19 Feb 2014 as planned.

Again plaintiff was put into the witness dock;
Again confirmed she and her children will not want to convert to Islam even if the children cannot inherit anything from the father, but demands maintenance for the children. She also informed that her parents in law could not care less what her husband is doing, dont want to be involved, however the court informed her that she can take this issue privately with her parents in law as the court is only looking into the secret affair issue.
She was warned not to be in contempt of court for her previous outburst that the court was taking too long to settle this case. ( she signed the statements)

The first defendant (mechanic) again placed in the witness stand.
He was asked if after the one month break if he had met with the girl's parent.
He instead asked the court if true that if he converts to Islam, that his children are still allowed to be given his properties, the court replied that he should go and seek confirmation with MUIS himself.
He informed the court that the girls parent gave the following conditions:

If he goes back to his legal wife, ok but he has to pay all the expenses incurred by the daughter and full maintenance for the baby. If he wants to marry her also allowed meaning the girls parents now wants the mechanic to make the decision. However he said that the girls parent dont consider her their daughter anymore because of her accidental pregnancy.
Meanwhile he claimed that his wife do not want to accept him as a husband anymore because her parents scolds her if she returns to their marital home.
If I go back to the wife, she always raised up past issues and will be in argument over that. So I cannot go back because the whole of wifes family now hates him and even rammed my car.

If we divorced he said, I wanted his 3 children to be given the freedom of choice to be with him or the wife.  However the judge said that they are only hearing the issues of his secret affair and not a divorce petition.
The question is whether the affair and pregnancy was done on purpose or not.
Having nothing else to say, mechanic signed his statement with his thumbprint.

Verdict set on 14 March 2014 because the mechanic is busy looking for a new place to stay.

VERDICT: as on 14th March, 9:30 am

Panel reading the verdict
District Chief: Christopher Mojungkim
Native chief: Andrew Lidaun
Village Chief: Michael Sigawal

Facts taken into account of judgement:
1.  First defendant admission that the baby is his
2.  Regret his action but claimed it was not planned
3. The girl is still not married and had just left school
4. Allowed to see the parents of the girl by the court
5. If the defendant returns to his own wife, he has to take full responsibility of the expenses of the girl and baby
Facts and statement from 2nd defendant (girl) is effectively the same

The panel thus find both defendants guilty of offence against the native adat.  The fines are:

1.  Under section 3 (10) mianu anu = 2 ekor kerabau (RM 3000)
2.  Appeasement for village = 1 full cost of buffalo (RM2500)
3. Sogit for 3 children of his own: = 1 pig (RM500)
4.  Court cost discounted to RM1000 from 1500.
(defendant 1 pays rm800, defendant 2 pays rm700)
TOTAL: RM 7000.
14 days to pay or face jail of 6 months, 1 month for the girl

Can appeal but was advised that he had admitted the offence

Mechanic asked if he can give a cow instead of buffalo.  Allowed provided it is an adult cow and can deliver to the ketua kampong Madsiang who will give a receipt.
Mechanic begs to give more time for payment and in installment.

Court adjourned.   (bang bang)