Thursday, 29 January 2009
Wednesday, 28 January 2009
All the four politicians have every chance to be the next chief minister. But Sarawak’s book-makers are predicting that Sulaiman is the hot favourite to take over as chief minister and to continue Taib’s legacy, assuming that BN still wins in the next election.
The `battle' will be between Barisan Nasional (BN) and Opposition Parti Keadilan Rakyat (PKR). Though easy as it sound, lobbying for candidacy had started as soon as the Election Court on Sept 8, 2008 declared the seat vacant.
Incumbent Kurup, though he had filed an appeal to the Federal Court, had also made frequent visits to villages in the constituency. Federel Ministers and State and Federal BN leaders had also been visiting the area.
PKR's Danny Andipai, whose election petition was accepted by the Election Court, has always been in the area, his birth place and by right (this is what the people in the area told me) should be the PKR candidate.
But like Kurup, Andipai is also, at this point of time, be not sure or had secured the candidacy.
The candidacy for Kurup, who was made Federal Rural and Regional Development Deputy Minister, after the general elections, is being `challenged' by Parti Bersatu Sabah (PBS) headed by Datuk Seri Joseph Pairin Kitingan.
Andipai's place is said to be being eyed by PKR Vice President Datuk Dr Jeffrey Kitingan.
Pairin had last week warned that BN should not placed a candidate that could not win in the by-election, adding that candidacy must not be automatically given to incumbent.
Although Pairin did not named the PBRS president, Kurup hit back by saying that Pairin should not interfered with the BN preparation for the by-election. Kurup also said that Pairin had failed in bringing about development to Pensiangan during his two terms as Member of Parliament.
Kurup hit back by challenging Pairin to a `one to one debate'.
PBS Deputy President Datuk Dr Maximus Ongkili, today made it more vocal, saying that BN component members must unite to make sure the coalition win Pensiangan, if a by-election is held.
"But the candidate have to be from PBS, the party commands the majority support from the Pensiangan voters," he said in Kota Kinabalu.
Saturday, 24 January 2009
Friday, 23 January 2009
Stating that it was an unnecessary controversy, he said the Home Affairs Ministry should just lay the matter to rest because it is waiting for hearing in the court.
He was speaking to Sabah journalists after officiating at the presentation ceremony of the UPSR 2008 excellence award, uniform assistance and Year Six “Aku Janji” pledge at SK St Theresa, Inobong, Penampang near Kota Kinabalu Friday.
“Lately, the Ministry of Home Affairs has been harassing the Herald to such an extent that they have to go to the court and (now) waiting for hearing,” he said, adding that based on comments, including by lawyers, on the issue, the Herald should be allowed to publish as they have done before pending the outcome of the Court.
“It is not for the Ministry of Home Affairs to pre-empt the decision of the court,” said Dompok who is also the President of the United Pasok Momogun Kadazandusun Murut Organisation (UPKO).
He was responding to the reports quoting Minister Datuk Seri Syed Hamid Albar warning the Herald as “the show of defiance could cause conflict and anger among other races in the country”.
Syed Hamid also said that “if anything happens, then don’t put the blame on us” and that he would refer the matter to the Ministry’s legal unit.
“There’s no reason for the Home Affairs Ministry to kelam kabut (get all excited) to look at this. I think they are using very strong language (against the Herald),” said Dompok.
He added that the Herald, is just a small organisation having a circulation of just about 14,000 a week out of the Christian population of about two million and slightly more than a million Catholics in the country.
“It is only being sold in churches so I don’t see how it can confuse the people,” he said, adding that it had also complied with the requirement of the Ministry to stamp the word “Terhad” (limited) on every edition.
Dompok said the matter would have arisen during the Premiership of Tun Dr Mahathir Mohamad “but I think wisdom prevail”.
He said the usage of the word “Allah” should be viewed from the historical perspective since the terminology had came about when Bahasa Malaysia was used by the people even before Malaysia (existed).
He said it was the language used by the people of the Borneo territories (as the) Melayu tacit lingua franca, even though English was used in most schools but there were also some schools that were conducted in Malay at that time.
“So religion developed along the line of communications and in this particular village (Kampung Inobong) for instance I didn’t have occasion to use the terminology because sermons and proceedings in church are conducted in Kadazan and “Allah” in Kadazan is “Kinoingan”.
“I went to school in La Salle in Kota Kinabalu, when I go to church its in English so God is God,” he said.
However, Dompok said in rural areas where the predominance of Bahasa Malaysia came about, the usage of “Allah” became more pronounced, especially after the importation of Bible written in Indonesian language, which refers to God as “Allah”.
He said the terminology is widely used in Indonesia and also in Arab countries by Christians.
“So it is a universal terminology use in the Christian world when they are praying in their vernacular language. There is no reason for the Home Ministry to continue harassing the Catholic Herald,” he said.
Based on reports, Dompok said it was “as though the Herald was trampling on the toes of everybody while in fact I feel the Ministry of Home Affairs is using a sledge hammer to crack a nut in full force to silence the Herald”.
“We are living in a country that practices democracy, freedom of religion and that the first tenet of the Rukun Negara is Believe in God. People want to believe is God so I think they should be allowed to so,” he said.
Dompok also could not believed that people were even suggesting disallowing worship by other religions in Malay.
“I said how can that be? Bahasa Malaysia does not belong to the Malays alone, this is the language of all Malaysians, your and my language.
“So I feel if there is indeed objection to that then perhaps its time for us to look for a new national language so that there would not be “confusion” among Malaysians,” he said.
To a question, Dompok said he had spoken to Home Minister and brought up the issue in the Cabinet.
“In fact it was the day after the (Federal) Cabinet meeting that they gave back the Herald the license to publish in Malay,” he said.
Tuesday, 20 January 2009
Monday, 19 January 2009
He was due to cross-examine the plaintiff in the case, former Chief Minister Tan Sri Chong Kah Kiat, when hearing resumed but he did not turn up, forcing the case to be adjourned by Judicial Commissioner Yew Jen Kie to May 4, 2009.
State Counsel Hanafiah Kassim informed the court that Fernandez had resigned last Friday (Jan 16, 2009).
In a one-paragraph statement, Fernandez, 50, who was appointed State A-G in 2006 by the Head of State on the advice of the Chief Minister, said he had tendered his resignation last Friday with a heavy heart.
"Due to personal family reasons, I have entertaining the idea of resigning for a few months now, he said, adding, "as of late my personal matters have become more pressing." He thanked Musa, who he said, had reluctantly accepted his resignation, and officers of the State A-G's Chambers for their cooperation.
Fernandez took over from Datuk Mohd Bazain Idris in May 2006, prior to which he was mainly involved in civil litigation and conveyancing.
He had been representing Musa and three other defendants in the civil suit brought by Chong pertaining to the construction of a Mazu statue in Kudat whose approval was revoked by the defendants.
The defendants will now be represented by Richard Barnes from the legal firm of Messer Shelley Yap & Co. The other defendants are former State Secretary Datuk KY Mustafa, Local Government and Housing permanent secretary Datuk Ujang Sulani and the Kudat Town Board.
Barnes had applied for a-three-month adjournment of the hearing `in the interest of justice', saying that he had to go through the volumes of document and issues raised pertaining to the case.
The Multi-million ringgit Mazu project was undertaken by the Kudat Thean Hou Charitable Foundation, headed by Chong. Construction was in progress, the statue brought from China when the approval was withdrawn by the defendants.
Chong's lawyer is Haji Ansari Abdullah.
Meanwhile, in a statement later the former A-G denied that his resignation was connected to the Mazu court case.
According to Kanul Gindol, who was PKR Vice President Datuk Dr Jeffrey Kitingan's former political secretary, interesting programmes had been planned for the Permatang Pauh MP in the State.
Gindol said State PKR headquarters is expected to issue a Press statement on Anwar's visit, however, one thing is for sure, this visit is to drum supports for the party in anticipation of a by-election in Pensiangan.
The Federal Court will sit in Kota Kinabalu on Feb 12 and 13, 2009 to hear Parti Bersatu Rakyat Sabah (PBRS) president Tan Sri Joseph Kurup's appeal against an Election Court's declaration that his win unopposed as Pensiangan MP in the March 8, 2008 general elections was null and void.
Sunday, 18 January 2009
She said there were huge differences in perks enjoyed by journalists in the peninsula compared with those in Sabah, although they were in the same vocation.
"I'm sad to see that journalists in Sabah do not get perks which commensurate with their posts...their salary and benefits are not the same," she said after a meeting with media practitioners in Sabah here today.
Norila said she would look into the legal aspects of whether NUJ could be expanded to Sabah and Sarawak.Meanwhile, Sabah Journalists Association president Datuk Joniston Bangkuai said a pro-tem committee would be formed to discuss the matter with NUJ.-- BERNAMA
Having worked with New Straits Times for about 20 years, I fully agreed that journalists in Sabah needed an union to champion their welfare against the `unfair' treatments accorded to them by the managements of the newspapers they are working.
Sabah Economic Development and Investment Authority (SEDIA) bill 2009
THE ROBBER WHO BECAME THE OWNER OF THE HOUSE(KISAH PEROMPAK MENJADI TUAN RUMAH)
Terlebih dahulu saya ucapkan Selamat Tahun Baru 2009 dan Selamat Tahun Baru Cina yang akan datang kepada semua ahli sidang dewan, rakyat sabah dan seluruh Malaysia.
Saya harap kedua-dua tahun baru ini akan bawa kejayaan kepada seluruh rakyat dan negeri kita, Sabah Yang Tercinta.
Tuan Speaker, mengenai rang undang undang SEDIA ini, izinkan saya sampaikan dalam bentuk pesanan kepada rakan rakan di Dewan Mulia ini, yang juga setiap mereka adalah rakyat Sabah.
Pesanan saya berbunyi begini….
My fellow sabahans if we love this state and its people you will never be able to support this bill at least not in its present form. An important bill such as this ought to be produced for inspection by all ybs well before and in advance. Why is that only a few days notice is given.
(Rakan-rakan saya rakyat Sabah, kalau kita betul-betul sayang rakyat dan negeri kita, saya rasa kita semua tidak sepatutnya menyokong Rang Undang-Undang ini, terutamanya dengan cara ia dikemukakan.
Rang Undang-Undang yang sangat penting ini sepatutnya diperiksa oleh semua YB terlebih dahulu dengan teliti. Tapi nampaknya notis yang diberi begitu singkat. Tidak cukup masa.)
The object of the bill is noble and for that I as the YB for Sri Tanjong support the intention of the bill. But I cannot support its procedure. I know that as I am in the minority my voice will be drowned by the majority in the support of the bill.
(Sebagai ADUN Sri Tanjung, saya mengambil berat Rang Undang-Undang ini kerana saya tahu, tujuannya sangat baik sekali. Tetapi, saya tidak boleh menyokong Rang Undang-Undang ini disebabkan oleh prosedurnya.
Saya tahu suara saya di Dewan ini sangat kecil ini dan akan tenggelam oleh suara-suara majoriti yang menyokong Rang Undang-Undang ini.)
Tetapi, demi kepentingan masa depan rakyat Sabah, masa depan negeri kita dan masa depan generasi kita, saya mohon Rang Undang-Undang ini dikaji dengan lebih dalam dahulu.)
My concerns / (Apa yang saya risaukan?)
1. Section 4. Who determines whether a project is a SDC project. The TYT. This cannot be. The TYT should act on the advise of the Government. It should not be the discretion of the TYT alone.
To make matter worst, this Authority can delegate its functions and duties under section 10 of the bill.
(Keempat : Seksyen 8. Kenapa keanggotaan Pihak Berkuasa terlalu eksklusif?
Saya tidak faham bagaimana 7 orang boleh menentukan masa depan ekonomi Sabah walaupun hanya setakat project SDC sahaja?
Adakah jumlah yang sedikit ini adalah untuk menjaga dan menguatkan horse power si Vacum Cleaner ini?
Tidak setakat itu, jumlah 7 orang itu juga boleh lagi dikurangkan pada bila-bila masa tanpa lantikan, seperti di dalam Section 1(3), First Schedule.
Kalau kita baca Section 6(1), First Schedule bersama Section 4(3) jadual yang sama, cuma empat orang diperlukan sebagai korum, walaupun 4 orang ini melebihi setengah daripada ahli-ahli Authority ini.
Perkara ini perlu dikaji semula.
Bukannya Kumpulan 4 atau 7 Orang ini yang diberi kuasa menentukan masa hadapan ekonomi di negeri kita (jumlah yang dijangkakan adalah RM105 billion).
Ini sangat tidak adil dan boleh menambahkan lagi kes-kes rasuah di negeri kita.
Malah Authority ini boleh memberi kuasa kepada orang lain dibawa section 10 rang undang-undang ini.
5 But my fellow ybs it gets even much worse. If you analyse the SEDIA decision making process of the economic future of sabah and the rakyat will be transferred from a committee of 7 in SEDIA and then from 7 to 4 and from 4 it will be transferred to 1….yes one man can decide the future of SABAH. If he is good man then maybe we don’t suffer so much but if he is a vacuum cleaner ….you can imagine the consequences. How is this possible. You read Section 10(1). All the powers of the Authority can be transferred to the Chairman or any of the four persons under b, c, d and e. We will be committing financial and political suicide. Slowly but surely power will be vested in one man and that one man what will he do only God knows. But we cannot blame God because we are the one who have committed this crime against the rakyat of Sabah. Instead of change in Sabah we will be returning to a new dictatorship.
(Kelima : Satu perkara lagi, kita semua mesti sedar… hari ini adalah hari yang sangat penting untuk kita membuat keputusan.
Kesilapan kita hari ini akan menyebabkan kita hilang hak bersuara dan tidak lagi dapat membuat keputusan.
Ini kerana kalau kita betul-betul tengok pada Section 10(1), kuasa rakyat nampaknya boleh dipindahkan kepada Pengerusi atau sesiapa daripada empat orang di bawah b, c, d dan e.
Ini sama ertinya kita semua sama-sama ikut rosakkan sistem kewangan, ekonomi dan politik di negeri kita, kalau kita buat keputusan salah hari ini !
Section 5(1)(3) says the Authority can sue and be sued and this contradicts section 25 of the bill. If you read it in context, perhaps it means the Authority can only sue people but people cannot sue them!!!
(Keenam : Apa yang lebih teruk sekali, orang ini pula kebal dari dikenakan tindakan undang-undang. Tiada sesiapa boleh melawan orang yang satu ini.
Kalau satu orang ini buat salah, atau tidak buat kerja, atau salah guna kuasa untuk kepentingan diri sendiri, dia tetap tidak boleh dikenakan tindakan undang-undang.
Kita harus buat keputusan yang betul hari ini.
Kalau tidak, itu maksudnya samalah kita sengaja buka pintu kasi perompak masuk rumah dan curi barang kita.
Lepas itu, kita kasi itu perompak makan sedap-sedap dan suruh lagi dia rogol kita punya bini.
Saya harap semua YB faham maksud saya di sini. Cuba baca dan mengerti Section 25 dan Section 23)
Section 5(1)(3) rang undang-undang ini adalah bertentangan dengan section 25. Jikalau kedua-dua section ini di baca dengan teliti, kemungkinan maksudnya Authority boleh menyaman orang lain tetapi tidak sebaliknya.
7. Is that the most terrible part. No it is not. In fact it gets even worse. After the robber steal your goods, eat your makan and rape your wife the next part of SEDIA will let him take over your home and you will stay outside. How will this happen. You have to read Section 29. Before the next election the SEDIA can be dissolved and the robber can be appointed liquidator and if he lost the election he can go to brazil with all the assets, property and funds of SEDIA, and mind you, he cannot be prosecuted (remember section 25). If the robber win the election the story will be different because after the robber got your house and your wife now he will use SEDIA to take your land and your children. I pray that all YBs will not only see today the evils of SEDIA in its present form and vote to have the entire law go back to drawing board and have it redone with all the relevant provisions I commented on thrown out.
(Ketujuh : Saya sudah cerita tadi kalau ini Rang Undang-Undang SEDIA lulus, itu maksudnya kita sengaja mahu perompak masuk rumah kita dan kita layan pula dia bagus-bagus.
Kita tidak boleh buat apa-apa sebab si perompak ini kebal dari segi undang-undang dan tidak boleh dibawa ke mahkamah (ingat section 25).
Tapi saya mahu bagitahu di sini. Itu masih bukanlah yang paling teruk kalau kita luluskan Rang Undang-Undang SEDIA ini.
Yang paling teruk sebenarnya ialah perompak itu juga boleh mengambil harta dan rumah kita.
Bagaimana ini terjadi. Baca Section 29. Pihak Berkuasa boleh dibubarkan sebelum Pilihan Raya akan datang.
Kalau si Perompak itu menang, dia mungkin boleh pergi ke luar negeri dengan harta kekayaan yang dia dapat dari SEDIA.
Tapi kalau dia menang, ceritanya berubah dan jadi lebih dah-syat kerana si perompak itu akan terus bermaharaja lela dan boleh terus merampas hak rakyat.
8. Section 8(2) even contradicts the Evidence Act 1950 in that all minutes of the meeting can be admissible without having to proof it in the court of law.
Malah Seksyen 8(2) adalah bertentangan Evidence Act 1950 kerana semua minit mesyuarat boleh digunapakai sebagai bukti tanpa pengesahan mengikut undang-undang yang sepatutnya.
OLEH YANG DEMIKIAN, SAYA BERHARAP KESEMUA YB DAPAT MELIHAT PERKARA INI DAN TIDAK MELULUSKAN RANG UNDANG-UNDANG SEDIA DAN KITA BIDERI LEBIH MASA UNTUK MENELITINYA LAGI.
RANG UNDANG-UNDANG INI PERLU DIKAJI SEMULA! DEMI MASA HADAPAN RAKYAT SABAH, PENDUDUK BUMIPUTERA, GENERASI MASA HADAPAN SERTA NEGERI KITA SABAH YANG TERCINTA !
LET US NOT FORGET, THE 5 MAIN THRUSTS OF SDC IS SUPPOSED TO:-
a. TRANSFORM SABAH INTO A REGIONAL GATEWAY FOR TRADE, INVESTMENT AND TOURISM.b. CONTINUE TO MAKE SABAH A HARMONIOUS AND PROSPEROUS STATE IRRESPECTIVE OF RACE AND RELIGIONc. MAKE SABAH MORE TECHNOLOGY SAVY FOR A BETTER QUALITY OF LIFE IN THE STATE.d. CREATE MORE JOBS OPPORTUNITIES IN THE STATE, ANDe. MAKE SABAH A COMFORTABLE PLACE TO LIVE IN AMIDST ITS RICH DIVERSE CULTURES, HERITAGE AND ENVIROMENT.
I RECEIVE THIS BILL ON THE 13TH JANUARY 2009, I SERIOULSY FEEL THAT THE TIME GIVEN IS TOO SHORT.
Cukuplah sampai sini dahulu
Saya habiskan ucapan saya dengan kata-kata……
Jangan sokong rang undang-undang SEDIA ini! Jangan raikan tahun baru 2009 dan tahun baru cina akan datang dengan kita membuat keputusan yang salah.
Ingat! Kesilapan kita tiada makna di masa hadapan…..
Sekian dan terima kasih!!
Thursday, 15 January 2009
This was confirmed today by Kurup's lawyer George Aluda.
Danny Anthony Andipai of Parti Keadilan Rakyat (PKR) filed the petition on April 9, 2008.
Andipai's candidacy for the Pensiangan parliamentary seat was rejected by Returning Officer Bubudan OT Majalu on nomination day Feb 24, 2008. After rejecting Andipai’s papers, Bubudan declared Kurup of having won Pensiangan uncontested.
Andipai sought for a court declaration that Kurup’s win was null and void.The Election Court allowed Andipai's petition and Kurup, who had been appointed Federal Rural and Regional Deputy Minister, file a stay of execution of the declaration on Sept 11, 2008.
The Federal Court is also scheduled to hear PKR's appeal against the Kota Kinabalu Election Court decision in dismissing their petitionKota Belud: Umno Youth chief Datuk Seri Hishammuddin Tun Hussien said Umno should consider a proposal to include a Sabah leader to be selected Vice-President during next month's party elections.
He commended Sabah Umno for having made valuable contributions towards strengthening the party in the interest of the nation and its people.
He said Sabah Umno had continued to remain intact and strong since the party began entrenching itself in the State, 19 years ago.
Hishammuddin, who is Education Minister, said this when addressing a meeting with Kota Belud Umno leaders, in a local restaurant here.
The strength of Sabah Umno should be portrayed as a fine example of unity and solidarity among the members that should be emulated by the respective divisions in the peninsula, he said.
In this respect, Deputy Prime Minister and Umno Deputy President Datuk Seri Najib Tun Razak would need to accorded due attention to the party's Sabah leaders for inclusion in the Supreme Council line-up, he added against the victory of Parti Bersatu Sabah (PBS) deputy president Datuk Dr Yee Moh Chai
In the March 8, 2008 general elections, Dr Yee won the Api Api state seat with a slim majority of 174 polling 3,419 votes, defeating Sabah PKR deputy head Christina Liew Chin Jin who garnered 3,245 votes.
The Kota Kinabalu Election Court declared Dr Yee's victory valid and Liew's election agent Audrey Karen Barry on April 9, 2008 filed an appeal to the Federal Court seeking a declaration to set aside the declaration.
The petitioner sought to declare the election's result null and void due to various breaches of the Election Offences Act 1954 and the Elections (Conduct of Election) Regulation 1981.
Wednesday, 14 January 2009
A High Court judge in Kota Kinabalu, Sabah on Wednesday gave an earful to two convicted rapists who were appealing against their more than 20 years jail imposed by a Sessions Court last year.
Judicial Commissioner Abdul Rahman Sebli said the two local men who kidnapped, raped and sexually abused a 20-year-old Universiti Malaysia Sabah (UMS) student last year did not deserve any mercy from the court.
He said whoever committed these kind of acts should not expect any mercy.
The judge made these remarks in affirming the jail sentences and whipping imposed on mechanic Mohd Ariffin Bidin, 29, and unemployed Mohd Sahrizal suhaili, 21, by Sessions Court on April 24, last year.
They had pleaded guilty before Sessions Court judge Duncan Sikodol to kidnapping, raping and sexually abusing the student between 6.50pm on April 15, 2008 and 4am on April 16, 2008 along the Jalan Kota Kinabalu – Tambunan – Keningau.
Ariffin was sentenced to 23 years jail and ordered to be given 25 strokes of the cane while Sahrizal was put behind bars for 20 years plus 20 whipping.
Both of them appealed for reduction of their respective imprisonment and whipping.
Abdul Rahman, in affirming the prison sentences to he appellants, however, reduced the whipping for Ariffin from 25 strokes to 24 only.
He said the sentences imposed on both appellants were appropriate as violence was used on the victim and in committing the offences there was a complete disregard on the safety of the student.
Counsel Ram Singh, who represented both appellants on pro bono basis, told the court that the prison sentences imposed on Ariffin and Sahrizal were too excessive.
He urged the court to consider that Sahrizal, who was 20 years old on the crime committed, had pleaded guilty to all charges framed against him.
Ram urged the court to consider that both Ariffin and Sahrizal had pleaded guilty to all charges framed against them when they were first brought to the court.
“The court should look into the totality of the prison sentences imposed on them, despite the heinous act, the guilty plea should be taken into consideration similar with the other serious cases such as murder, “ the counsel said.
Submitting on Ariffin’s appeal for his 25 whipping to be reduced, Ram told the court that whipping was illegal if it exceeded 24 strokes. The counsel said this was provided for under Section 288(1) of the Criminal Procedure Code.
Deputy Public Prosecutor (DPP) Jamil Aripin urged the court not to disturb the sentences on both appellants except for the caning on Ariffin, which the prosecution conceded with the appellant’s counsel submission.
Jamil submitted that the sentence imposed by the Sessions Court judge was not manifestly excessive stating that the maximum set under Section 376(2) of the Penal Code under the latest amendment on Sept 7, 2007 is 30 years imprisonment for rape that caused hurt to victim.
He urged the court not to disturb the imprisonment sentences imposed by the Sessions Court as the sentences reflected the gravity of offences committed by the appellants, adding that the sentences commensurate with the offences and not manifestly wrong.
He said based on the facts of case which were presented in Sessions Court, the manner in which the offences committed clearly showed that not only the appellants sexually abused the victim but they also beat and bit her.
“The multiple injury inflicted on the victim as stated in the medical report proved that brutality was used in the commission of the offence, “ the DPP said.
He also submitted that the effect of the case had created anxiety to a lot of parents the safety of their children.
“The manner of the offences committed which were published in the newspapers had not only outrage the feeling of community but also caused public anxiety and worry about their children safety.
“Since both appellants were not sentence to a maximum sentence, it could not be said that the sentences were manifestly excessive.
He further submitted that public interest demand deterrent sentence imposed on sexual offenders and the sentences meted out must reflect the society disdain for such crime.
The DPP said public interest demand that the court must showed this abhorrent toward the sexual offences and one of the was to impose a deterrent sentence to offenders.
“Both appellants deserves no mercy from this court for what they had done and public must be protected against this kind of offenders in order to deter other would be offenders,” Jamil said.
With their appeal dismissed by the High Court, Ariffin will now have to serve 33 years and eight months behind bars and Sahrizal, 29 years and two months as the prison sentences they appealed are to run consecutively with sentences imposed by the Magistrate’s Court charges of kidnapping, causing grievous hurt to the student and also car thefts.
Both appellants were jailed five years and fined RM1,000 in default five months jail each for kidnapping the student and were handed another five years and five strokes of the cane for assaulting the victim which were to run concurrently but to be served consecutively with the prison sentences imposed by the Sessions Court.
In Magistrate’s Court, Ariffin was handed 51 months for three car thefts while Sahrizal was jailed three years and 14 months for two car thefts which were ordered to run consecutively with those meted by the Sessions Court.
President Datuk Kalakau Untol said in a democratic country like Malaysia everyone has the right to form an association.
He said another association like DSS would not create a split among the society and that USDA would carry on with its work.
"The more the merrier. Everybody can do their part to instil awareness among the society for the sake of development," he said.
It was reported that a group of Dusun leaders in Penampang led by Datu Sebastian Datu Panglima Banting are in the midst of forming the DSS, an "umbrella" association for the community.
It would be open to all natives whose race is defined as "Dusun" in their birth certificates and would strive to nurture the Dusun culture, dialect and to organise programmes that could bring about progress for the community.
According to Kalakau, USDA would not be objecting to the DSS formation because "what we want is for everyone to contribute to the development of the community".
"They can do their bit, we can do our bit for the betterment of the people," he said.
Monday, 12 January 2009
DSS will be in the company of the Kadazandusun Cultural Association (KDCA), United Dusun Sabah Association (USDA) and Kadazan Society Sabah (KSS).
KDCA headed by Datuk Seri Joseph Pairin Kitingan is the oldest, second come USDA led by Datuk Kalakau Untol and two years ago Datuk Marcel Leking formed KSS. The DSS will be headed by Datu Sebastian Datu Penglima Banting.
DSS objectives, among others, are to strive to nurture the Dusun culture, dialect and organise programmes that could bring about progress to the community.
Membership is open to natives of Sabah whose race are defined as Dusun in their Birth Certificates.
The formation of DSS might had been prompted to what Leiking told KSS members during its annual dinner last month. He said it was timely that the community identified themselves as either Dusun or Kadazan.
"There is no such race called Kadazandusun," he said.
The term Kadazandusun-murut gained acceptance during the Pairin-led Parti Bersadu Sabah State Government (1985-1994) when an attempt was made to reconcile the Kadazans and Dusuns for political strength.
The term Kadazan was introduced by Tun Mohd Fuad Stephens (Datuk Donald Stephens) in 1961. He declared that the Dusuns would be called Kadazans.
Now that DSS is open for those whose race are registered as Dusun in the Birth Certificate, this new body could housed majority of the people as even Pairin's race is Dusun in his certificate.
"To my knowledge the commitment of RM1 billion (for the State) has not started to be implemented yet," he said Saturday.
"I think as far as the projects are concerned it has already been finalised by the State authorities for submission to the Federal Government," he added.
He said this when asked how much of the RM1 billion special allocation for Sabah that was announced by Abdullah in May last year during a visit to the State, had actually materialised.
On another matter, Dompok said the Borneonisation of the civil service here was an ongoing exercise and that the Government was looking at the best ways to achieve it without sacrificing the efficiency and implementation of government projects.
When asked if there was a time frame for it to be achieved, he said there was none for this particular exercise.
We want officers recruited from Sabah to gain experience and move up the ladder in the country's administration."
As for claims that Sabahans were not interested to serve in the diplomatic corps, he said he did not know why it was so when the Government actually wanted them.
Dompok was in Donggongon township to hand over Chinese New Year greeting cards to business operators as well as the public together with Assistant Minister in the Chief Minister's Department-cum-Kapayan Assemblyman, Datuk Edward Khoo Keok Khai.
Friday, 9 January 2009
Its Vice-Chairman Tan Sri Simon Sipaun made the assertion when commenting on the recent report in a local daily about the displaced Indonesians who number 12,000 and Filipinos who number 81,000, who were given the IMM13 card that allows them to live and work in Sabah in 1965, 1970s and 1985 until today.
"I understand the IMM13 cards were issued in Sabah, but why? The Government started to issue them to the Rohingyas in Peninsular but quickly aborted it. Why the double standard?" he asked.
"It's a national problem and IMM13 cards were issued by the Federal Government. Why are the refugees confined to Sabah?" he asked, referring to the IMM13 condition that the refugees could only be allowed to earn their living and reside in Sabah, and not Peninsular Malaysia.
"The Vietnamese refugees were all gone after two years. How come that in Sabah, the refugees are still here?"
Currently, the majority of the foreigners with refugee status have been living in Sabah for over 35 years, and there is no limit to the length of their stay, while their of their stay, while their children or teenagers are allowed to attend both primary and secondary schools in the State.
The Muruts, one of the native of Sabah, will be celebrating its annual festival, Pesta Kalimaran, at the Murut Cultural Centre in Tenom on April 4 and 5, this year.
The organising committee, headed by Sabah Cultural Board's chairman Datuk Wilfred Madius Tangau, is making the festival this time around `live' by giving away special prizes to six lucky individuals.
They are offering six lucky individuals, who must arrived at the centre between 7am and 9am on April 4, to bring home lucky draw prizes of either a live cow, buffalo or goat. Visitors arriving during the period will be given lucky draw ticket.
Visitors who come wearing traditional Murut costume will be judged by a panel of judges and the winner also stands a chance to win any one of these livestock. All these aim to woo more visitors to the festival.
Apart from that, a wide array of programmes have been lined up for the festival, including the Kalimaran Queen pageant, the Maginakan, traditional Murut dances and songs, handicraft and gong-beating competition.
There will be also eight cultural exhibitions by the various Murut tribes throughout Sabah.
One of them was bold as to even try his luck on Sabah Commissioner of Police Datuk Noor Rashid Ibrahim.
Noor said about RM29,000 was lost in 2006 while RM1.8 million went into the pockets of these conmen last year alone.
"We recorded 23 SMS scam cases in 2006 and 65 cases in 2007. The figures reduced to 27, involving losses amounting to RM61,000 in 2008," he disclosed to the Press in Kota Kinabalu recently.
The scams by these con artists ranged from competitions by reality television talent show Akademi Fantasia to big oil company Petronas offering prize money to so-called lucky draw winners.
Noor Rashid said police have detained 22 people, including nine foreigners, in connection with SMS scams so far.
"They have several modus operandi (MO). The usual MO is the lucky draw competitions while another involves the scammer pretending to be someone with a massive amount of money outside the country É in fact I was contacted once on this.
"The person will try to convince the targets to give him their account numbers so he can transfer and keep the money in the account temporarily, at the same time promising the account holders a sum of money as a token of appreciation," he said.
In the end, he said the scammer will somehow find a way to drain their accounts dry, adding in other instances, scammers will get locals to open bank accounts, take over the accounts to bank money cheated out of other people into them.
"They pay like RM100 to these people who open the bank account for them and that's it," said Noor Rashid.
He advised those who encounter these kind of things to ignore them altogether.
And this is not the first time Lester Pachelles, a Form Three student of SMK Kinarut, has had to put up with the antics of these bullies.
His father Pachelles Jonuat, a 52-year old contractor, has made numerous reports since last year to not only the school but also the police (including the latest incident) regarding the matter.
Lester claimed the latest incident happened on Tuesday just after school hours at about 12.40pm when he was beaten up by a Form Four student - who that very day had been expelled from the school - using a belt which left with him with injuries to the left side of his neck.
He claimed he was beaten up by the student while five others stood guard outside the school compound and only stopped when someone shouted at them. He did not know why they had picked on him.
"While the police have been very helpful it is the school that needs to be more proactive in dealing with the matter," said Pachelles, who together with his son came to the Daily Express, Wednesday, to air their grievances.
"I have repeatedly called for a meeting between the school and the Parents and Teachers Association (PTA) to discuss how to deal with this issue but none has been held.
"It left me wondering about the functions of the PTA or whether the school is really serious in dealing with the matter," he added.
He suggested the school place a security guard in its premises to prevent such incidents recurring, adding it was not only his son who has become the target of rowdy students.
"Last year, I witnessed these troublemakers picking a fight with other students. When the students tried to run away, they gave chase and only after I intervened did they stop chasing," claimed Pachelles, adding that among the troublemakers involved was the student who had assaulted his son.
"There should also be a security guard stationed at the dispensary near the school as this is the area where most of these fights take place," he said.
Many parents, he said, have also raised the same concerns and wanted the school to do more to prevent such incidents.
He claimed when he met the school's disciplinary teacher, he was told by the teacher that the school could not be held responsible if anything happened to the students after school hours and outside the school.
Pachelles said he felt the school was trying to wash its hands off the matter, adding that even though these incidences may occur after school hours, the school still needs to be responsible since the students were still wearing school uniforms.
"I am not trying to be seen as a champion by going to the media to highlight the matter. I just want to help the school get rid of these negative elements and protect its image but to do so the school and the PTA must sit together to find a solution.
"God knows what weapons these students might use in the future apart from belts. Maybe knives, iron rods, machetesÉI fear for the safety of the students," he said.
Wednesday, 7 January 2009
Tuesday, 6 January 2009
Judge David Wong Dak Wah ruled that the wrongful rejection of the nomination papers of the petitioner, Parti Keadilan Rakyat’s Danny Anthony Andipai, had breached the petitioner’s constitutional right to take part in the election and the written law relating to the conduct of the election.
Andipai filed the petition on April 9, 2008. His candidacy for the Pensiangan parliamentary seat was rejected by Returning Officer Bubudan OT Majalu on nomination day - Feb 24, 2008.
After rejecting Andipai’s papers, Bubudan declared Kurup of having won Pensiangan uncontested. Andipai sought for a court declaration that Kurup’s win was null and void.
He claimed that Bubudan had planned to make available only on counter for delivery of nomination papers by candidates contesting in Pensiangan and the state seats of Nabawan and Sook.
Andipai claimed that the plan was to prevent the timely delivery of nomination papers of other candidates to enable Kurup to be returned unopposed in the March 8, 2008 general elections.
Andipai was represented by lawyers Datuk Chau Chin Tang and Haji Ansari Abdullah while Kurup’s lawyers were Alex Deccena, Hajah Mariati Robert, Wilson Lai Wai Shing. Senior Federal Counsel Suzana Atan and Chandra Devi had appeared for Bubudan.
Picture Tadashi pulling a trolley through the Sahara desert
A Japanese man Tadashi Nagase, 52, from Izumo City, located some 300 kilometer from Osaka, Japan, cited friendly villagers he met the 13 days along the route he took on the Kota Kinabalu - Tawau 512 kilometer journey.
‘Once I was caught in a bad weather but I managed to find an empty hut and kind villagers nearby permitted me to use it as my shelter for the evening’, he said when met at a HASH dinner held byJimmy Wong, DAP State Assemblyman for Sri Tanjong on Saturday (Jan 3, 2009) evening in Tawau.
But the trip was nothing compared to the long list of countries he had visited and walked since 1975 at the young age of 19 – he had walked for nearly 45,000 kilometers until today!
Tadashi claimed to have traveled to exotic places such as the Sahara and Kalahari deserts, Andes mountain range, the Australian desert and Amazon rainforest along with many other countries.
On all his trips, Tadashi pulled a two-wheels trolley filled with needed essentials such as water and food, with the heaviest weight estimated to be at around 150 kilograms depending on the trip’s requirements.
‘Water is the heaviest substance I had in my trolley, especially when I had to walk through deserts’, he explained.
Asked on his future trip upon his return to Japan, Tadashi said that he loves forests and deserts and may plan such walks in future but has no plans at the moment.
Tadashi said his wife is very supportive of his endeavor.
‘She always said go and walk when I plan my next walk’, Tadashi said, adding that he made his living by giving talks on his trips and had written nine books over the numerous journeys he had undertaken.
Tadashi has two sons who had traveled to China, North Thailand, South Korea, Sri Lanka, Taiwan, Indonesia, South India, Philippine, Mongolia and Malaysia. A story from HERE
Monday, 5 January 2009
The infant was discovered by the middle aged man wrapped in a plastic bag at about 2.30am.
He was about to dispose of some rubbish when he heard a cry from inside the bin.
The baby, whose umbilical cord was newly cut, was rushed to Queen Elizabeth hospital. The baby was reported to be fine and later brought to the Likas Hospital.