Friday, 20-Jul-2018

Sun bear parts: Local to know if he has case to answer

Sun bear parts: Local to know if he has case to answer
Published on: Friday, July 20, 2018

Kota Kinabalu: A 28-year-old local will know on Aug 27 whether he has a case to answer on a charge of having body parts of Malayan sun bears without any permit.

Sessions Court Judge Ainul Shahrin Mohamad set the date for ruling on Morin Masain’s case when the prosecution closed its case after calling four witnesses during the hearing.

Morin is accused of having four bear paws and one gall bladder at 11.45am on Aug 20, 2016 at the KK 56 Food Court in Asia City, here.

The body parts of the endangered species animal is fully protected under the Wildlife Conservation Enactment 1997.

The offence under Section 41(1) of the Wildlife Conservation Enactment 1997 provides for a fine of up to RM50,000 or a jail term of up to five years, or both, on conviction.

Morin was charged together with another accused Jupilin Mojungkat, 41, who had on July 5, admitted to the charge and sentenced to two years’ jail and fined RM50,000 or six months’ jail.

However, Jupilin managed to stay his sentence pending appeal to the High Court and released on bail.

Prosecuting Officer Abdul Karim Dakog of the Wildlife Department conducted the prosecution while counsel Michelle Usman defended Morin.

Meanwhile, a 38-year-old man charged with committing sexual assault against a 10-year-old girl, who was under remand since he was brought in court, failed in his application for bail.

Sessions Court Judge Indra Ayub rejected S. Suherman Suharnoh’s bail application after hearing submissions from both parties and ordered him remanded further.

The court set Aug 28 for mention the case.

Suherman claimed trial in previous hearing to committing the offence on the girl by kissing her lips at 11am at a house in Labuan on Feb 11.

Deputy Public Prosecutor Mohd Khairuddin Idris prosecuted while Suherman was represented by counsel Farazwin Haxdy. – Cynthia D Baga


Labuan food court in a fix

Labuan food court in a fix
Published on: Friday, July 20, 2018

Labuan: Food stall operators at the newly-completed RM12 million Food Court (Medan Selera) are in dilemma because the food court management company is ending its services end of the month and will no longer be providing cups, plates, glasses, forks and spoons to the stall operators.

Since the opening of the food court with 50 stalls, the management company, YPL Synergy Sdn Bhd, appointed by Labuan Corporation, has been providing table utensils to the stall owners and charged 10 sen for cups and plates.

In return, the company provided the service of collecting the items from the tables and wash them.

Stall operator Spencer Panjangou said the withdrawal of the service comes as a shock after merely two months.

“Many feel the move was akin to pulling the carpet under our feet.”

He said under the arrangement, it was considered as a perk because stall owners need not wash the cups and plates. “The service also spared us from purchasing these items and the RM400 monthly rental charged was acceptable to many.”

He said calls had been made to Labuan Corporation to settle the issue but there had been no response.

He noted that it was the present government policy to help small-time businesses but “it doesn’t seem to be the case in the Labuan Food Court story”.

Information chief of Warisan party, here, Julius Elias, to whom the complaint was made, said: “If the service was withdrawn then LC should consider reducing the monthly rental as compensation for withdrawing a promised perk.”

He said RM400 rental for a non-air conditioned facility was fair, considering many of the operators from the previous food court paid RM90 per month.

He said what was additionally worrying for the stall owners was that who would now be responsible for security, cleanliness and maintenance of the food court.

YPL had, in a circular on July 16, informed the stall owners of its decision as the company was ending its services.

The owners had been given until July 23 to find solutions. – Sohan Das


Man jailed nine years for molesting girl

Madisin (right) was jailed for touching the private parts of a girl in a village in Kota Belud.

KOTA KINABALU: A 61-year-old man was jailed for nine years by the Sessions Court here yesterday for touching the private parts of a girl.

Judge Ainul Shahrin Mohamed passed the sentence on Madisin Sarabun after he pleaded guilty to committing the offence against an eight-year-old girl in an unnumbered house at a village in Kota Belud at 12.40am on May 2 this year.

The offence under Section 14 (a) of the Sexual Offences Against Children Act 2017 carries a jail term of up to 20 years and also liable to whipping, upon conviction.

Ainul also ordered the accused to be placed under police supervision for two years after serving the sentence.

In mitigation, Madisin, who was not represented, said he has to support two family members, including an elderly mother and a disabled sister, and that he and his mother were not very healthy.

Meanwhile, deputy public prosecutor Wan Farrah Farriza Wan Ghazali, urged the court to pass a deterrent sentence as the accused had committed a serious offence which is an heinous act committed against the girl.

She also submitted that pleading guilty was not a mitigating factor although the accused admitted on the first instance.

Thus, taking into consideration the rampancy of the offence and public interest, she also prayed for police supervision to be imposed against the accused.

Based on the facts of the case, the court heard that the victim’s father was about to go to bed when he heard his daughter’s scream.

When he entered the victim’s room and turned on the light, he saw the accused inside the room but the latter quickly fled the house through the kitchen.

The victim then told the complainant that the accused had touched her private parts, prompting the complainant to lodge a police report on the same day.

Based on a tip-off, the police managed to arrest the accused at an unnumbered house in the village at 3pm on May 2.

In another courtroom, a man, who was charged with kissing a 10-year-old girl on her lips had his bail application rejected.

S. Suherman Suharnoh, 38, who appeared before judge Indra Hj Ayub, made the application through his counsel during a pre-trial case management, yesterday.

Suherman was accused of committing the offence in a room of an unnumbered house in a village in Labuan at 11am on February 11.

The alleged offence was framed under Section 14(a) of the Sexual Offences Against Children Act 2017.
Indra fixed trial date on September 27 – 28 this year in Labuan and ordered the accused to be further detained in custody, pending disposal of the case.


Master dealer appointed for Sabah and Sarawak

KUCHING: Pansar Bhd has been appointed the official master dealer for construction equipment manufacturer JCB in Sabah and Sarawak.

It will operate from nine centres across Sabah, Sarawak and Labuan to provide customers in plantations, construction, infrastructure and mining with access to a broad choice of JCB machines.

It will also deliver maintenance services and spare parts to local businesses.

Pansar celebrated the opening of its first exclusive JCB 3S centre in Kuching recently, while the other centres are currently co-located with existing Pansar branches.

“JCB is a globally renowned multi-product brand which has excellent existing brand recognition in our market. JCB machines have a proven local track record in difficult working conditions and have a strong reputation for hard work and reliability,” Pansar managing director Datuk Jason Tai said.

With strong support from JCB, Pansar plans to provide after-sales service throughout Sabah, Sarawak and Labuan.

Targeting in particular the current upturn in the oil palm plantation, infrastructure and civil construction sectors, Pansar will have a stock of essential spares and specialist technicians ready to visit customers’ sites.

This will be strengthened by access to spares from JCB’s central regional facility in Singapore.

Pansar is also providing access to a range of popular models from the JCB family, including the 3DX backhoe loader, tracked excavator, compactor, mini excavator and telescopic handler.

The entire range will be provided with the LiveLink software that enables JCB owners to monitor and manage their machines via a smartphone or computer to help maximise performance and productivity.

JCB South-East Asia managing director Max Lytle said the partnership with Pansar showed the company’s commitment to the region.

“Pansar has a proud presence in Malaysia.

“Their local experience and network in heavy machinery provides unique market insights and in-depth knowledge which means that we can provide JCB customers with robust machines that fit their needs exactly,” he said.

Pansar general manager (business divisions) David Tai added: “We have the right products for this growing market and share the same philosophy for making sure that our customers are taken care of.

“This partnership provides evidence that we are both here to stay.”


Improving the people’s access to justice

MANY constitutional issues have washed up against our shores during the last fortnight and need examination.

Resignation of judges: The appointment last year of Tun Md Raus Sharif and Tan Sri Zulkefli Ahmad Makinudin as additional judges under the Federal Constitution and, at the same time, as Chief Justice and President of the Court of Appeal respectively, was widely regarded as unconstitutional and was challenged vigorously in the courts. The two senior justices have done the judiciary a great service by stepping down gracefully.

However, the Federal Court has remained enigmatically silent on the Bar’s well-argued case against the appointments.

With their resignations, the issue should not be regarded as purely academic and a firm court decision on the matter is needed to provide guidance for the future.

One must note that the appointment of additional judges under Article 122(1A) of the Constitution is exempted from the multi-tiered process of mandatory consultation between the Prime Minister, senior judges, Chief Ministers of Sabah and Sarawak, the Yang di-Pertuan Agong and the Conference of Rulers.

Additional judges are appointed “for such purposes or for such period” as the Yang di-Pertuan Agong may specify. They enjoy no security of tenure and it is, therefore, highly improper for short-term judges to be elevated to the top two judicial posts.

Tan Sri Richard Malanjum: In some Commonwealth countries, if the executive ignores seniority when appointing the Chief Justice, that is regarded as an assault on judicial independence.

But in this country, when Justice Malanjum, the senior-most Federal Court judge, was elevated to the post of Chief Justice, some politicians in Peninsular Malaysia objected to his elevation because of his religion and their displeasure at some of his judgments involving fundamental rights.

The shameless objections are contrary to the spirit of our Constitution and to the Malaysia Agreement.

They reflect primordial instincts of racism, religious bigotry and exclusiveness.

Personally speaking, the Prime Minister acted righteously and courageously in recommending Justice Malanjum.

His elevation from Chief Judge of Sabah and Sarawak honours judicial independence, celebrates our diversity and rekindles the spirit of tolerance and pluralism.

It furthers the spirit of the Malaysia Agreement and may repair our strained relationship with Sabah and Sarawak.

Above all, it is a just recognition of a learned and upright judge with innovative and leadership skills.

Justice Malanjum has been on the Bench since 1992 and has held the post of Chief Judge of Sabah and Sarawak with distinction since 2006.

His family and friends know him to be learned, humble, tolerant and respectful of diversity. He has a remarkable sense of social conscience and a social perspective.

In the remote areas of Sabah and Sarawak – where legal literacy is low, institutional resources and transport are unavailable, and the rays of justice do not reach the poor rural folks – he started an outreach programme of mobile courts to help citizens with such matters as birth certificates, ICs and small claims.

To serve remote villages, court officials travelled by four-wheeled vehicles or boats to hear cases in longhouses, community halls or primary schools. They slept in tents and cooked their own meals.

For small towns without courthouses, there were buses converted into mobile courtrooms so as to spare parties in court cases from having to travel to bigger towns, and to save the government the costs of building courthouses.

Night courts were introduced to assist those otherwise occupied in the daytime.

Under his leadership, the legal community in Sabah involved itself in environmental activities and legal aid.

These commendable measures did much to improve access to justice.

He delivered several important judgments on native customary land claims in cases like Bagi Bato v Sarawak (2011), Bisi ak Jinggot v Supt of Lands (2013) and MBB v New Way Development (2017).

He presided over Native Courts to deliver community-based justice. He spearheaded the enhancement of the native court system.

He is known for supporting human rights in landmark cases like Harris Mohd Salleh v The Returning Officers (2001), where he upheld the right of appeal in election petition cases.

In Lina Joy (2007), he courageously upheld the applicant’s right to choose her religion.

His famous and principled dissent was grounded in Article 11 and in the principle that there should be no compulsion in religion.

In Hotel Labuan (1998), he ruled that all discretions must be exercised fairly and justly.

In Metramac Corporation v Fawziah (2007), he upheld the seminal principle of natural justice that no one should be condemned unheard.

His famous dissent in PP v Kok Wah Kuan (2008) affirmed the importance of separation of powers and judicial independence.

This internationally celebrated dissent was recently cited with approval by our Federal Court in the Semenyih Jaya (2017) and Indira Gandhi (2018) cases. In Takong Tabari v Sarawak (1994), he ruled that there is a need to limit the use of the Official Secrets Act.

Justice Malanjum displayed dynamic leadership by embracing the latest computerisation techniques in his courts long before the peninsular courts.

He introduced e-filing, a case management system and time sheets to improve and monitor efficiency.

He allowed video conferencing, court recording and transcription in his courts.

On the very next day after being sworn into the nation’s highest judicial post, he took note of the disquiet about the CJ’s power to pick and choose which judges will hear a case.

He issued transparent directions on how courts will be empanelled in the future.

There will be a new policy of balloting to empanel judges, collective administration of the judiciary by the top four judges and a time sheet for high court judges and judicial officers.

In sum, Justice Malanjum is a learned and upright judge, a democrat by temperament and a good leader.

It is hoped that he will restore the sorely needed trust in our judiciary.

The judiciary is the pivot of our system of constitutionalism and rule of law.

With greater trust in our frayed system of justice, we can get on with the business of building a new Malaysia, improving our standard of adjudication, repairing the social fabric, restoring the integrity of our institutions and reviving national pride.

These are journeys, not destinations, and we are all fellow travellers.

Emeritus Professor Datuk Dr Shad Saleem Faruqi is a holder of the Tunku Abdul Rahman Chair at Universiti Malaya. The views expressed here are entirely the writer’s own.


PPBM: Only as allied member

PPBM: Only as allied member
Published on: Wednesday, July 18, 2018

Labuan: Parti Pribumi Bersatu Malaysia (PPBM) Labuan pro tem chairman confirmed the party accepts membership from Chinese and Indian but only as allied member (ahli bersekutu).

Its chairman Asroh Sukardi said PPBM do accept membership from non-Bumiputeras, but they are not eligible to contest for any position in the party election, as they are only allied member.”

Asroh said the PPBM Pro tem deputy pro tem chairman is Johari Abidin and not Sri Ram.


Seri Labuan PPR folk seek prompt completion of apartment project

RESIDENTS of Seri Labuan PPR hope to see the construction of their alternative housing, Razak Mas 2, completed as soon as possible.

At a Raya gathering hosted by the residents’ association, most of the residents from the eight-block flats voiced their concerns.

Residents’ association vice-president Maslan Anuar said the flats no longer met the needs of their growing families.

“We have lived here since 1982 so families have hugely expanded in the last three decades,” he said, adding that the problem of minimal amenities was also unresolved.

Seri Labuan PPR residents’ association president Yusof Abd Rahman (yellow shirt) and Maslan (right) join residents as they voice their concerns during the Raya gathering.

“With only one or two rooms in each unit, it is impossible to make space for growing children.”

The residents were offered Razak Mas 2, which is scheduled to be ready only by the end of 2020.

Razak Mas 2 has 840 residential apartments with three rooms and two bathrooms at RM198,000 each.

“These apartments will meet our needs better. It will improve our quality of life.

“We want Kuala Lumpur City Hall (DBKL) and the Federal Territories Ministry to see the project through to completion,” he said.


Don’t blindly follow the leader, says 3rd BN lawmaker who didn’t walk out

Labuan Umno man criticises opposition colleagues’ decision to protest against speaker’s appointment.


Perlis Pribumi accepts 4,000 from Umno as members

ARAU: Perlis Parti Pribumi Bersatu Malaysia has accepted the membership of nearly 4,000 former Umno members since Pakatan Harapan won GE14 on May 9.

Its chairman Ameir Hassan said the party had accepted membership applications from nearly 1,000 former Umno members from the Arau and Padang Besar divisions.

However, he said the membership application from former Arau Umno division deputy chief, who is also Tambun Tulang assemblyman, Datuk Ismail Kassim, was rejected as he was alleged to have criticised Pakatan during the elections.

“Anyone can join Pribumi. If their application is rejected at the division or state level, they can apply directly to the party headquarters,” Ameir said during a Perlis Pribumi thanksgiving event at his residence here yesterday.

At the event, he handed over the Perlis Pribumi membership approval letter to former Arau MP Datuk Seri Syed Razlan Putra Jamalullail.

Meanwhile, Pribumi has extended its wings to Labuan with the formation of its pro-tem committee and branches on the island.

Pro-tem committee chairman Asroh Sukardi said the party now had almost 900 members, with the first branch of Taman Perumahan Mutiara to be formed next week.

“We established the Pribumi division here on May 18, initially with only committee members. But it is fast increasing to almost 900,” he said.

Asroh said Labuan Pribumi would be working closely with other Pakatan Harapan component parties and members of Parti Amanah Negara, PKR, DAP and Warisan to highlight the issues affecting the people’s wellbeing to Federal Government leaders. — Bernama


JPNIN projects approved by previous govt will be reviewed – Dr Md Farid

LABUAN: All development projects which have been approved by the previous government to the Department of National Unity and Integration (JPNIN) for implementation across the country will be reviewed, said Deputy Minister in the Prime Minister’s Department Dr Md Farid Md Rafik.

He said the review would also involve the allocation made to all state JPNIN offices.

“What we are doing at the moment is reviewing all the contracts, if the government has the capacity and capabilities to carry out the projects (especially that are beneficial to the people), I’m sure in the near future we will announce it, that they will be carried out,” he added.

He told this to reporters at an event in Kg Sg Miri here today where 2,000 of its residents gathered to make a 720-metre long “Kolupis”, which is a traditional delicacy of Kadayan and Brunei tribes in Labuan and in Limbang in Sarawak, making it the longest in the country and was recorded in the Malaysia Book of Records.

Kolupis is made from glutinous rice and coconut milk and then wrapped with ‘nyirik’ leaf.

The participants were able to make 22,000 pieces of kolupis in 20 hours.



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