KOTA KINABALU: Koperasi Pekerja-Pekerja Kerajaan Sabah (KOPEKS) telah berjaya memperoleh keputusan yang memihak kepadanya di Mahkamah Tinggi Sabah dan Sarawak di Kota Kinabalu dalam kes tuntutan pemulangan wang berjumlah RM6,495,288.26. KOPEKS diwakili oleh peguam Jeyan Marimuttu, Mohd Azhier Farhan Arisin, Abdul Fikry Jaafar, dan Vanessa J Marimuttu.
KOTA KINABALU: Mahkamah Sesyen Kota Kinabalu memerintahkan seorang pengurus inap desa, Mohd Azizan Saidi, 41, yang berasal dari Ranau, dilepaskan dan dibebaskan tanpa perlu membela diri atas pertuduhan penyalahgunaan dadah hari ini. Dalam keputusan yang disampaikan oleh Hakim Mahkamah Sesyen Egusra Ali, beliau memutuskan bahawa pihak pendakwaan gagal membuktikan elemen-elemen kesalahan mengikut Seksyen 15(1) Akta Dadah Berbahaya 1952 yang dibaca bersama Seksyen 39C(1) Akta Dadah Berbahaya 1952.
Semasa perbicaraan, peguambela Mohd Azhier Farhan Arisin berhujah bahawa spesimen air kencing yang dikatakan mengandungi methamphetamine dan amphetamine dikacau ganggu dan tidak dikemukakan sebagai bukti yang sah di mahkamah.
Kota Kinabalu: A 53-year-old man who was sentenced to two years jail and four lashes of the cane for having 22.62gm syabu was freed of the charge. High Court Judge Datuk Celestina Stuel Galid in her reserved decision, allowed the appellant, Jamil Mokti’s appeal against his conviction and sentence.
Jamil was on Dec 7, 2023 convicted and found guilty by the Papar Magistrate’s Court for having the drug on Oct 18, 2021, at 1.10pm, in a house at Kg Kabang, Papar. The charge is framed under Section 12(2) of the Dangerous Drugs Act 1952 and punishable under Section 39A(1) of the same Act. Jamil was represented by counsel Mohd Azhier Farhan Arisin while Deputy Public Prosecutor Dana Arabi Wazani for the prosecution as the respondent.
In the defence arguments, the accused, represented by Mohd Azhier Farhan bin Arisin, contended among other points that the raiding officer's testimony regarding the accused's own admission and retrieval of the drugs hidden in the back of the car after being read the cautionary words under section 37B (1) (b) of the Dangerous Drugs Act 1952 was implausible. This skepticism arose partly because the raiding officer, upon cross-examination by Azhier, could not recall and recite the cautionary words in open court.
KOTA KINABALU: A man who was facing a possible death sentence for a drug trafficking offence walked out a free man after the court released him from the charge on Wednesday (May 10).
High Court Judge Leonard David Shim acquitted and discharged Pillah Hajirul, who has been in detention since being arrested in 2020, without calling for his defence.
Speaking to reporters after the ruling, the 26-year-old construction worker was grateful the court decided in his favour.
"It was the most meaningful Hari Raya gift," he said, his face beaming with both elation and relief.
"I wish to return to my village (in the Philippines) after this to be with my family.
"As the offence was non-bailable, I had to spend some three years under detention," he added.
KOTA KINABALU: A mother of nine cried tears of joy after the Special Corruption Court here cleared the National Registration Department (NRD) assistant registrar of a charge of issuing a fake identity card on Tuesday (Sept 27).
Safiah Alijang, 53, was charged under Section 463 of the Penal Code for allegedly making the fake MyKad for one Muhamad Daniel Hafiez Alif @ Jali at the NRD office in Sabah’s northern Pitas district at 3.05pm on May 22, 2013.
Outside the courtroom later, Safiah, who was on bail pending the disposal of the case, expressed her gratitude to her lawyer Azhier Farhan Arisin and her family.
“I feel like I died and came back to life. I'm grateful as I'm cleared of the charge. I couldn't contain my joy when I heard the court's decision," she said, trying to hold back her emotions.
Hakim Mahkamah Tinggi Datuk Nurchaya Arshad di dalam penghakiman beliau bersetuju dengan hujahan peguam bela pemohon, Azhier Farhan Arisin bahawa tiada peruntukan undang-undang khusus memberi kuasa kepada mahkamah untuk memerintahkan pesalah yang telah selesai menjalani hukuman dirujuk ke Jabatan Imigresen.
KOTA KINABALU: The magistrate's court here freed a homestay operator from a drug possession charge on the grounds of technicality.
Magistrate Afiq Agoes acquitted and discharged Mohd Nasrul Jainorahim, 38, who was charged under Section 12 (2) of the Dangerous Drugs Act 1952, punishable under Section 39A (1) of the same Act.
"Having heard the defence as well as having seen all the submission submitted, I am inclined to agree with counsel that the prosecution's technical failure in tendering the amended charge with the accurate weight of drugs possessed by the accused, is fatal to the case.
"Therefore, the accused in this case is discharged and acquitted from the charge," Afiq said when he delivered his decision after a full trial has been conducted since 2019.
KOTA KINABALU: A 28-year-old man was discharged and acquitted from a charge of having 185.13gm of cannabis without his defence being called. Sessions Court Judge Azreena Aziz freed Nor Affandy Jemah from the charge against him after ruling that the prosecution failed to establish a prima facie case against him.
KOTA KINABALU: Empat lelaki dibebaskan daripada tuduhan rogol berkumpulan terhadap seorang remaja berumur 15 tahun, tanpa diminta membela diri.
Hakim Mahkamah Sesyen Noor Hafizah Mohd Salim melepaskan dan membebaskan Rezwan Abdullah, 23, Mohd Shah Abdullah @ Mat Tasin, 21, Mohd Izlan Omar, 22, dan Ag Rizaullah Bahin, 24, daripada tuduhan itu selepas memutuskan bahawa pendakwaan gagal membuktikan kes prima facie terhadap empat tertuduh.
KOTA KINABALU: Four men were freed of a charge of gang-raping a 15-year-old girl, without their defence being called. Sessions Court Judge Noor Hafizah Mohd Salim discharged and acquitted Rezwan Abdullah, 23, Mohd Shah Abdullah @ Mat Tasin, 21, Mohd Izlan Omar, 22, and Ag Rizaullah Bahin, 24, from the charge after ruling that the prosecution had failed to prove a prima facie case against the four.
KOTA KINABALU: A civil servant was freed from a charge of criminal breach of trust (CBT) involving RM549,944.10 belonging to Sabah Rubber Industry Board (LIGS).
Sessions Court judge Azreena Aziz discharged Mohd Suhaimi Mohamed Husain, 35, not amounting to an acquittal at the request of the prosecution yesterday.
Deputy public prosecutor Siti Amirah Muhammad Ali informed the court that she received instructions from the Director of State Prosecution to withdraw the charge against the accused.
KOTA KINABALU: The amended 14th General Election petition against former Sabah Umno youth chief Yamani Hafez Musa, was struck out with no order as to costs by Election Court Judge Azhahari Kamal Bin Ramli, Monday, on grounds that the plaintiff had breached the court’s order on submission of documents relevant to her claims. His counsels comprised Jeyan Marimuttu, Azhier Farhan Arisin, Rizwandean Bukhary and Mohd Reduan Datuk Aklee.
KOTA KINABALU, Sept 18 — An election petition to contest the results of the Sungai Sibuga state assembly seat won by former chief minister Tan Sri Musa Aman was struck out by the Sandakan High Court today. Musa’s lawyer Mohd Azhier Arisin also confirmed the judgment when contacted.
High court judge Azhahari Kamal Ramli rejected the application filed by Parti Warisan Sabah candidate Asmara Abdul Rahman to render the results null and void based on alleged electoral fraud and money politics.
Kota Kinabalu: Mahkamah Rayuan yang bersidang di sini kelmarin mengekalkan keputusan Mahkamah Tinggi Kota Kinabalu untuk melepaskan dan membebaskan seorang pemuda berusia 36 tahun daripada tuduhan memiliki dadah jenis ganja seberat 63.40 gram di pusat siber cafe Paragon Kepayan, 2 tahun lepas.
Panel 3 Hakim Mahkamah Rayuan dipengerusikan Hakim Dato' Tengku Maimun binti Tuan Mat bersidang bersama Hakim Dato' Mary Lim Thiam Suan dan Hakim Datuk Yaacob Hj Mohd Sam sebulat suara menolak rayuan pihak pendakwaan setelah mendengar hujahan daripada Timbalan Pendakwa Raya Jasmee Hameeza binti Jaafar dan peguambela responden Azhier Farhan bin Arisin.
KOTA KINABALU: A man, who is paralyzed due to an accident prior to his trial, has escaped a jail sentence after he was given a two-year bond of good behaviour for raping his teenage lover three years ago.
Sessions Court judge Azreena Aziz handed down the sentence on Mohd Azhar Jeminos, 23, yesterday, pursuant to Section 294 of the Criminal Procedure Code.
Mohd Azhar initially decided to plead guilty at the defence stage of the trial to raping the 15-year-old girl at a hut in a village in Tuaran in early March 2015.
The offence, framed under Section 376(1) of the Penal Code, is punishable with a jail term of up to 20 years and whipping, upon conviction.
The bond was imposed with a local surety, who must be a family member, in the sum of RM10,000 with RM5,000 to be deposited. A deposit sum of RM1,500 was ordered to be paid yesterday while the balance on or before July 30.
Azhar was also ordered to pay a RM10,000 compensation to the victim, in default, six months’ jail, and to be placed under police supervision for two years after serving his sentence.
The court allowed for the compensation to be paid in monthly instalments of RM400, with the first payment to be made on or before July 30. The final sum of RM400 will be on August 28, 2020 which the court fixed for remention to review the payments.
KOTA KINABALU: An unemployed man was freed by the Magistrate’s Court here yesterday from a charge of threatening his ex-girlfriend last year.
Magistrate Cindy Mc Juce Balitus acquitted and discharged Hajirol Halid, 39, without calling for his defence after she ruled that the prosecution had failed to establish a prima facie case against the man.
The charge stated that Hajirol, who was defended by counsel Azhier Farhan Arisin, had allegedly threatened to kill the victim aged 37, to commit arson on her house and to pour acid on her at a house at Taman Sepanggar in Menggatal on October 26.
