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.
KOTA KINABALU: A local businessman from Telupid has won a High Court appeal over his conviction and sentence for cheating involving project to operate and upgrade the Koktal Route Safety and Camping Ground at Kinabalu National Park.
High Court Judge Datuk Nurchaya Hj Arshad allowed the appeal and acquitted the appellant after hearing both submissions from the Deputy Public Prosecutor Hafizah Zahidah Abdullah and the appellant's lead counsel Mohd Azhier Farhan bin Arisin assisted by counsel Fareez Salleh.
KOTA KINABALU: A government pensioner had successfully brought claims for breach of contract, nuisance and trespass against a prominent local business man in Kinarut, Papar.
The Plaintiff -- Halimah Osman -- who was represented by Counsel Mohd Azhier Farhan bin Arisin had initiated legal action in the Sessions Court at Kota Kinabalu for recovery possession of a land and damages for breach of tenancy agreement, nuisance and trespass against Frederick Chin Chit Vun and was awarded damages by the Sessions Court amounting to RM 60,000.00 plus statutory interest of 5% per annum.
KOTA KINABALU: Seorang lelaki tempatan mampu menarik nafas lega, apabila Mahkamah Majistret di sini kelmarin, membebaskannya atas pertuduhan mencabul adik iparnya.
Mcroland Deelmaverick, 21 tahun yang diwakili oleh peguam Mohd Azhier Farhan bin Arisin dilepaskan dan dibebaskan daripada tuduhan dibawah Seksyen 354 Kanun Keseksaan oleh Majistret Jessica Ombou Kakayun.
KOTA KINABALU: A 26-year-old man, who was caught at the airport here for having an imitation pistol component, was jailed seven days and fined RM5,000 or six months' jail.
Magistrate Stephanie Sherron Abbie ordered hotel worker Hiew Mick Foh, who had been under remand for seven days, to serve the jail term from the date of his arrest.
KOTA KINABALU: A 34 years old local Dusun man escaped life imprisonment after the Sessions Court acquitted and discharged him of drugs possession.
Sessions Court Judge Ainul Shahrin Mohamad made the decision on Elton George Junior Gaban after finding that the prosecution had failed to prove a prima facie case against him under section 39A(2) of the Dangerous Drugs Act 1952.
