The Mango tree and concrete culvert case from Guunsing, Case Number 227/13

 

 

Penampang.

Plaintiff:  LYS

Defendant:  DL

 

both from kg Guunsing.

 

 The Native Court here heard a suggestion by a 56 year old self-employed man for the defendant to go to some resorts and relax and calm himself in his retirement.

He was testifying before Native Chief Andrew S Lidaun who was assisted by two village chiefs.

 The plaintiff said he know the man as a good person but now seemed to be behaving in a manner inconsistent with what he had assumed, because of his age.

 The 71 year old retired civil servant had accused him of cutting down two mango trees and stealing two concrete culverts from his property which is about 150 metres from the plaintiff’s house.

 

The plaintiff then submitted several photographs to the court showing that the culverts are still lying on the defendant’s land and the house there supposedly belonging to the defendant’s sister is dilapidated and has been abandoned for about 8 years. He had brought the case to the native court for settlement as he has not done anything wrong while the accused seemed to be monopolising Kampung Guunsing and even known to have beaten other people. The police report made against him by the defendant is without basis and not relevant.

 

Inside the dock, the defendant claimed he is still waiting for the result of his police report and the case is also heard in the magistrate court which is also pending the police report. He said that he has no power to direct the police to speed up the investigation.

 

However, the court countered that he was already given 3 months previously to bring any feedback from the police regarding his complaint and during the third hearing, he had failed to turn up. The case had been pending for more than 5 months without any results.

 

The defendant tried to add that the plaintiff is a Sino without any Native Certificate but he was ticked off by the court as this is not relevant to the case before him.

 

The court then gave him one last chance within one month to get any feedback from the police to prove his accusation against the plaintiff failing which judgement can be made against him.

The court was adjourned until 10 July 2014.

CASE CONTINUED ON 10/7/2014 as scheduled.  9.15 am

Hearing continued before District Chief Bryan Matasing Lojingon
assisted by NC Andrew S Lidaun and KK Michael Sigawal

Defendant in the dock said that he failed to present any police investigation results to back up his allegations against the plaintiff.

Next Witness Inspector Mohd Najib as IO - IP Penampang Dept CID section. Serving in Sabah since April 2010

Regards to private complaint only received on 7 July 2013 from the defendant.
the original report made on 4 May 2013 which is rather aged in time.

the report was referred to a magistrate in Kk who have on 21 may 2013 ordered further investigation
Since he only received that order on 7 July 2014, time for me to make further investigation and produced a written report is short.
No police action done because the defendant who made the report himself cannot give any solid witnesses, clues or info as to who stole the goods from his house. Hence further investigation cannot be done without any clues if the plaintiff  is the one who took the materials, goods etc

In good faith, my opportunity to investigate further due to time,
- no solid witnesses seing the theft
- time factor, theft occurred long time ago
- case is not a public interest, but personal interest since the goods dont have markings or serial number to trace.
Therefore up to the honourable court to make an appropriate decision since the two parties involved are locals.

Hence the court today makes an immediate decision which is unanimous based on NO witnesses by the defendant and all the informations  said on court so far.

Under Part 2 Clause 6 of the MAN enactment 199'/1995 the defendant is found guilty for causing provocation.

Fined is one head of livestock or in default pay another RM500, jail not exceeding 1 month or BOTH.  Pay the sogit which is one domestic PIG or both. The fine to be paid to the plaintiff.

Pay within 14 days or appeal within 60 days.

Defendant immediately told the court that he wish to appeal whereby the court said go and fill up a form.  The court then adjourned the case.

Plaintiff inform that he too will sue for defamation at the session court in KK.

Case ENDS pending whatever actions both parties take.
 

CASE NO. 127/14 - Transfer by PDRM to Kuala Lumpur Caused Marriage Breakdown

 Penampang. The Native Court here heard that work transfer for three years to Kuala Lumpur was the main cause for the marriage break-down between an Administrative Assistant and her husband whose profession was undisclosed, both are 31 years old.

The case was the first open hearing for newly appointed District Chief, Brian Lojingon who was assisted by Native Chief Andrew S. Lidaun and Village Chief Rita John.

 

The plaintiff who came from Kg. Sugud also testified that her husband even accused her of having a boyfriend in Kuala Lumpur because he had waited too long for her to return even though she had applied every year for transfer back to Sabah from her superiors from PDRM at Police Hq in Bukit Aman.

 

She learned about her husband’s affair with another woman after her transfer back to Sabah in 2011 via facebook photograph which her husband admitted was true. Initially the husband told her that he will never abandon his family but in 2012 he left his family including a third child who was only 5 months old at that time. He did this by sending her an SMS saying he will not come back to her anymore.

 When asked by the court, the plaintiff believed her husband was angry that she had summoned him to a reconciliation hearing at the Penampang Native Court in August 2012, during which the court had given her husband and lover one month to separate and for him to return to his family. No fines or sogit was imposed then. Instead after the hearing, the husband never came back to his family.

He had given maintenance for his three children for February and March 2014 but afterwards this also stopped completely.

She also declared willingness to accept her husband back if he had returned.

Upon further questioning from the bench, she recognised her husband’s lover who works at a photographic shop and had attended their wedding reception. She tendered 4 photographs as proofs of her husbands affair with the other woman.

 

She pleaded to the court that her husband be made fully responsible for the maintenance of their children and the case to be decided in accordance with the native laws and customs.

 The husband as the accused, shortened the hearing simply by admitting that the testimony of his wife was true. He decline to make any defence when asked by the court but confirmed by signing the court records that he will accept any penalty imposed by the court.

Meanwhile, his 28 year old lover when placed in the dock testified that the baby she is now carrying belongs to the first accused. She accepted the man even though he is married because of his persistence to be with her and that his marriage was on the rocks. She was willing to be judged in accordance with the native adat from Penampang even though she originated from Tuaran.

 

The court then fixed the verdict to be given in June 17.

 

===============

 

Continuing this report, on 17 June 2014, the verdict was read from 9:20 am.

Sitting on the bench were Native Chief Andrew S Lidaun together with newly appointed Native Chief Woritus Paulus and Ketua Kampung Rita John. 

(KAN Woritus from Kg Kituau is the father of the Sugandoi Winner of KDCA 2012 and now a singing diva, Cathy Woritus)

 

Both defendants were fined a total of RM6500 consisting of: -

 

1.  2 karabaus or RM3000 ( rm1500 each as per the Enactment)  as sogit to the wife for "mianu anu" under Part III, 10 (1) of Native Court Enactment 1992/1995.   

 

2.  Another karabau or rm 1500 for the appeasement of the village kg Sugud where the wife is staying, and to be given to the village head for distribution to all the head of household in that kampung

 

3. RM 500 for a pig as sogit to all his three children

 

4.  Court cost rm 1000 to be paid by the husband and rm500 to be paid by the lover.

 

As usual 14 days to pay the fines or face jail sentences.

The two defendants had no comments on the fines, no pleading or appeal meaning the simply accepted the sentence.

 

They can appeal within 60 days to the DO but it is a known fact that if there is no ground for he appeal, the DO who chairs the District Native Court of Appeal will normally enhance the sentence.

 

So case is now concluded.

Case 95/14 Kg Nosoob Baru Man Builds A home for Business without respecting the Ketua Kampung

PENAMPANG. The Native Court here allowed a man from Kg. Nosoob Baru enough time to decide whether to sign, or not, the “Aku Janji” form which is signed by all other native residence of this Native Village Reserve. The man who is claiming his rights to build a two storey house on the plot that was once reserved for his late mother has started concreting works on the site using the service of a building contractor. He claimed he refused to sign the form because the Village Chief and the village security and development committee or JKKK has allocated him only 60 ft by 60 ft as per the village guideline which he deemed as unfair while claiming there are others who have occupied lots that are larger than this guideline.

He also claimed to have stayed in the village for 37 years which is refuted by the JKKK as his mother has stayed there and that he was rarely seen in the village before. He also claimed to have met the District Officer twice to discuss the matter but no conclusion was reached because the village head was not present during the meetings.

Earlier, the Chairman of the JKKK informed the court that on 26^th January 2014 he was informed that concreting works was being carried out on plot in the village without the approval of both JKKK and the village head. At the site he saw the contractor doing the concreting works and when the owner arrived, he informed that the area is a car-park for the whole kampung and for him to conduct some business, the nature of which was not stated. The JKKK chairman then ordered the work stopped until formal approval is obtained and the Aku Janji form signed.  However both the owner and contractor refused the orders. The village head was then informed and on his arrival he too ordered the works to be stopped. The contractor complied on this day however on the following day the works were resumed. Again the JKKK committee members and the village head arrived on site and warned the owner and the contractor that a police report will be made if they continue to disobey the orders.

On 28 January 2014 the owner and contractor continued the works which is deemed illegal and hence both the chairman and his deputy made the police report.  However they were advised by the police to refer to the Native Courts as this is a village matters and they were unable to assist without the orders from the court.

The JKKK and the village head then report the matters to the Native Courts and despite the case still pending, the man continued to carry out the works on site.

There were three calls to appear in court given but still the matter was not settled and the man continued the works without signing the forms which is not respecting both the authority of the village head and the JKKK. Hence the chairman brought the case before the Native Court in order to exercise their rights and powers to protect the rules of village reserves as well as the security and fairness to all the other residence of the village reserve.

In his rebuttal, the man claimed that he has already spent a lot of money and the rules on the forms were unfair to him. This earned him a rebuke from Native Chief Andrew S Lidaun that his action of doing work first and then trying to get approval afterwards is like taking someone’s daughter away and then conducting the engagement process after. He should become a formal member of the village first by signing the form before carrying out any construction works. The village land reserve is meant for poor villagers and that if he has so much money, he should go and buy his own land and do whatever, he said.

Lidaun then read out a document submitted by the JKKK which is the gazette of Kg Nosoob Baru as a Native Village Reserve on 2^nd February 2000.

The conditions to be followed in the village reserves include:

1. The reserve if for the full use of the natives in Nosoob Baru to build their residential houses and necessary additional buildings.

2. The villagers are allowed to follow their traditional industry such as small scale rearing of fowls and farm gardens contained in the village

3. No outsider including natives who are not from the village is allowed to put up buildings without the approval of the Trustees of the Village Reserve. The Trustees consist of the District Officer, District Chief and the Village Chief, and subject to the orders of the Assistant Collector Land Revenue, Penampang. The size of the reserve is 22.4 hectare.

Lidaun then warned the defendant that by refusing to sign the form, he is in fact dismissing himself from the village. He then adjourned the hearing to 15^th April.

Outside the court, other community leaders informed that the maximum penalty that can be imposed to anyone who is disrespectful of the village chief and the JKKK and not signing the form is losing the rights to stay in the village reserve.

NOTE:  This blogger has seen an SMS sent by this man whose name is already reported in Borneo Post on 1st April as PAUL SUINGKI.
The SMS showed that Paul wants a meeting with the village leaders and also sent the same SMS to a developer KINSABINA.

This is very suspicious as what has Kinsabina got to do with village matters as Kinsabina people are NOT natives???

More reports after 15th April.

The hearing was continued on this date as schedule

Ketua Kampung Augustine Anthony was called near the bench to give clarification, not as a witness as he is part of the native court system.

Ketua Kampung of Nosoob Baru informed that the conditions in gazetting the Nosoob Baru land as a native reserves on 2 Feb 2000 are:

1. All residents must be natives, (hence the defendant will have to submit papers to proof his status as a native)

2. All residents are allowed to carry out tradition farming and rearing farm animals

3. Only permanent residents from the village are allowed to put up buildings and not from outside the village and must get the approval of the trustees consisting of Village Chief, district chief and the district officer.

The defendant had asked for a witness for an agreement with his contractor to build a house and the validity of his agreement is only 6 months.

All that is said by the defendant was true. On 26 Jan 2014 we went to the site claimed by him after recieving complaints from the villagers that some installation were carried out outside the lot that was supposed to be his.

I requested the JKKK to conduct a meeting

On 25 Jan 2014, I recieved an SMS from the defendant "untuk perhatian" 1. Kinsabina, 2 JKKK Nosoob Baru and 3. Ketua Kampung

But on 26 Jan recived another SMS from defendant asking for the meeting to be postponed because En Francis Goh is in Tawau and he is the owner of Kinsabina Building.

I have also heard the workers of kinsabina that the building is to be used as quarters for the kinsabina workers.

( defendant interrupted that he is sad with this accusation as his building has nothing to do with them)

Village chief asked the court to evaluate all these SMSes as we have never invited anyone from Kinabina to attend the meeting.

Defendant has yet to sign the aku janji form but we recieved complaints from the villagers that piling machines are already on site.

I went to the site with the JKKK chairman together with his deputy and another committee member in charge of security.

We stopped the workers and asked them from whose orders these works were carried out.

The workers have never heard of the name of the defendant but claims that the works were ordered by kinsabina.

We have obtained his workers card as in exhibit A.

During a mediation on 14-2-2014 we applied for a court order to stop the works because the defendant ignored our orders.

I have called the OCPD Penampang who advised that a court order must be obtained. On 14-2-3014 I was ordered to draft the letter after the native judge has contacted the DO for consent. Letter to be given to defendant.

Copy of letter submitted to court as evindence, the original copy was served on the defendant on 4th March at 5 pm.

I have also recieved a letter from the defendant with content as follows:

"I do not agree with the opinion of the ketua kampung and doubt your authority with your action which is not fair to me. I have been advised by my lawyers to refer the matter to the PPHT, Penampang"

I consider this letter as a threat and disrespecting the status of the village chief.

We ask the discretion of the court that in order to respect the late mother of the defendant, a lot of 60 by 60 ft be given to him only based on the site of her house before, as shown in the exhibits (photos)

That is all from the Ketua Kampung.

Defendant then given the chance to reply.

He said, he is disappointed with the accusation and,

1. I always respected the KK

2. I have even voted for the KK

3. I have plenty of correspondence with the KK

4. There is no connection between me and Kinsabina except that he was given permission to pass through the village but I was proposing to close the access after I have completed the concreting works. However KK have ordered that the access be opened to Kinsabina

( Not mention by what right this defendant has to close the access road in the first place)

Native judge then stated that the issues here are

1. Does the defendant wants to become a member of the village?

2. Would he sign the form or not?

3. Would he agree to the 60 by 60 ft size of the lot?

4. Sino Kadazan, does he have a native certificate or letter of confirmation that he is a native?

Defendant insist he had lived for years in the village but the Ketua Kampung said he was never seen mixing with the locals. Also the Aku Janji form is based on the advice of the DO in order to prevent outsiders from staying and renting houses in the village.

Defendant is told that he is not even in the queue of applicants to build houses in the village due to his mother being a former resident.

Judge asked both JKKK and Ketua Kampung on the sizes of their own lots and both said theirs is smaller than the 60 by 60 ft.

Native judge then commented "dapatkan betis mau paha lagi, selepas itu merayap lagi"

He gave the defendant another 2 minutes to decide whether he wanted to sign the AKU JANJI form. Defendant just kept quiet.

After 2 minutes the judge said since the defendant refuse to accept the conditions of the village reserve and refusal to accept the form, then by his own action he has now lost all the rights to be a member of the village.

Therefore this Native Court will record that this is what he wants.

Case Closed.

CASE 328/13 - INDON Car Salesman and Ex Immigrant made a young girl pregnant

17 Dec 2013

Penampang. The native court here lectured a father of three on how to prevent his children from falling into trouble at an early age.

Native Chief Andrew S. Lidaun who presided on the case said he should always be with his children, give them religious education, know and control where they go and prohibit them from going out at night.

Lidaun was prompted after the man who filed a case against a Timorese for making his underaged eldest daughter pregnant, failed to answer his question on what he would do to prevent the same thing from befalling on his two other daughters.

The father who works as a Purchasing Officer, informed the court that he had allowed his only daughter from his first wife to stay with his younger sister so that she can work at a cybercafe owned by the sister.

He admitted contacting his daughter at an average of once a month, which Lidaun consider as grossly insufficient.

After the death of his first wife, he married again at Sacred Heart Church in 2008 and his second wife gave the other two children.

Lidaun also chided him for mixing up the important dates in his testimony and had to refer to his eldest daughter who was present in court for the correct dates. The father also claimed that he never met or called

the man responsible for his daughter's pregnancy because he is of a different race and religion while his daughter is not ready to start a family. After being told by the daughter of the identity of the man, he made

a police report and then got endorsement by the District Officer for the case to be tried in the Native Court and only then he is meeting face to face with him. The daughter gave birth to a female child just two days before the court hearing and both father and daughter has decided to gave away the baby for adoption.

He strongly opposed the possibility of the man marrying his daughter and asked the court to punish him in accordance with the customs and traditions of the Kadazan Dusun from Penampang.

In response, the accused Timorese admitted he was the one responsible for the girl giving birth on the the date as stated in court. He was ready to be punished in accordance with the offence he has committed

and will not press for marriage due to difference in religion. Earlier he had informed the court that he has a Malaysian identity card after staying in Sabah for a long time and his father has the same. He works as a car dealer at Kg. Air, Kota Kinabalu.

Lidaun adjourned the case until next year after seing the daughter who has just recently gave birth, shivering in the cold airconditioned court room.

Outside the courtroom was a different scene. The Timorese was seen looking for the girl saying he want to wish her a happy birthday which will be in two days time.

 

========================

 

January 15 2014

Penampang. Half a dozen relatives of a 19 year old girl briefly applauded at the end of a native court hearing when the girl swore before Native Chief Andrew S Lidaun that she will never repeat the blunder of allowing herself to be made pregnant by an irresponsible male.

She was testifying as the second defendant in a case where she gave birth to a baby girl last year after a brief liaison with a young Indonesian male with a Malaysian IC.

She agreed with all the testimonies by her father that was made in December last year and confirmed she does not want to be married at present. She informed that the baby girl is being cared for by the Sisters at a Convent awaiting adoption because the man who made her pregnant does not want to accept the out-of-wedlock baby. The first defendant who is a moslem, was not present in the court during the hearing.

When asked by the court why she did not take care of herself and protected her dignity, she replied that she was duped by sweet words and promises when she was taken out for a date. Strangely, the girl could not suppress a smile when Lidaun rebuked her for choosing foreigners instead of her own kind and perhaps go after those with high position and a sense of responsibility.

At the beginning of the hearing, Lidaun chided both the father and daughter for arriving nearly one hour late saying that the court does not wait those who seek the services of the court. They should be ready before the set time of 9 am and should anticipate whatever causes of delays, traffic jams, floods and anything else.

He then adjourned the hearing to 18th February in order to summon the first defendant.

==========================================

18 February 2014 

Penampang. The native court here convicted and fined a 24 year old car dealer a total sum of RM5500 – made up of a “sogit” of two water buffaloes monetised as RM3000 and another head of water buffalo for “kepanasan kampung” or appeasement of the village which is the actual cost of the buffalo in Penampang District worth RM2500. In addition court cost of RM1500 was imposed of which RM 700 must be paid by the young woman as second defendant.

District chief Christopher Mojungkim who handed down the verdict together with native chief Andrew Lidaun and village chief Augustine Anthony made the order under the Native Court Enactment 1992, Part III 10(1), for “mianu-anu”.

According to the facts of the case, the father of the 18 year old woman filed the case against the individual who is a Bugis Muslim for sweet talking his daughter to go out with him and then impregnating her resulting in the birth of a baby girl on 14 Dec 2013. The baby was given up for adoption via a welfare body in Likas without any objection from the first defendant.

The court took into consideration that both the man and the young woman have admitted in their testimonies of consensual affair resulting in the birth of the baby and so the woman became the second defendant in the native court. However the man was warned that if the same offence is repeated, the penalties will be doubled. All the fines must be paid within 14 days but he can appeal within 60 days. However, the court also pointed out that since he had pleaded guilty during the proceedings, there would be no logic in appealing. He was also told that if he wants to marry the girl, he must follow the customary adat. The plaintiff responded that any such proposal is out of the question because of different race and religion.

After the verdict was read, the first defendant appealed for a lighter fine and the panel granted a reduction in the court cost of RM300 only to both the first and second defendant but the rest of the fines were final because the offence was deemed very serious.

The man again pleaded to the court that he wish to see the baby of which he would need the assistance of the woman and his family. On this the plaintiff informed the court that he has accepted the decisions of the court and will not want to deal with him at all.

After the panel of judges have left the courtroom, the plaintiff, his daughter and 4 family members left the court in haste.

END....

FOLLOW THE NATIVE ADAT, SAYS THE NATIVE COURT OF APPEAL KOTA KINABALU, ON INHERITED LAND

17-3-2014

KOTA KINABALU. The Native Court of Appeal here dismissed an appeal against the judgement of the Kota Kinabalu District Native Court based on the principle that inherited land shall be passed on to descendant following the customary adat, where the land owned by the father will be inherited by sons and that of the mother to the daughters as per the accepted adat of the district.

The Native Court of Appeal was presided by Justice Tan Sri Richard Malanjum who is also the Chief Judge of Sabah and Sarawak, and assisted by Native Chief Adrian Sikawah from Penampang and Matsah Sahat from Kota Kinabalu.

The case involved a claim by a man for a share of a land that belongs to his mother. His late father has written a simple will witnessed by a village head stating that his mothers share of the land shall go to him. Based on this, the man made a claim at the native court against his niece (daughter of his sister) who had inherited the said land via Jadual 3 process of the native court.

The learned judges also ruled that even if there is a will, it shall also comply with the customary adat of the district to be effective. The appeal case was disposed within half an hour which affirmed the decision of both the lower courts namely the Native Court and the District Native Courts.

Earlier, the respondent who was represented by a lawyer registered with the Native Court of Appeal made a preliminary objection that the appeal was submitted beyond the 60 days mandated by the Native Court Enactment 1992. However, upon checking all the documents and finding the date on which the judgement of the Kota Kinabalu District Native Court was read was on 5^th September 2013, but the document was marked as 25^th July 2013, the objection was over-ruled. However, the standards of the documentations submitted prompted Malanjum to comment that the lower native courts still require lots of training. He also ticked the lawyer for presenting her case in legalise style when the hearing in the Native Court of Appeal is very similar to the Native Court.

Meanwhile, the man who is the Appellant was able to present his case without the assistance of a counsel.

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.