Wednesday, 19 May 2010

Kinabatangan MP jailed one month for polygamy

Kinabatangan MP Bung Moktar Radin has been slapped with a jail sentence for unlawfully entering into a polygamous marriage with actress Zizie Izette Abdul Samad.

The Gombak Timur Lower Syariah Court also sentenced him this morning to a fine of RM1,000 for abetting Zizie in the offence. If he does not pay the fine by 5pm, he is liable to another month's jail.

There was a gasp in the packed courtroom when Syarie Judge Wan Mahyuddin Wan Muhammad read out the sentence about 9.15am.

zizie and bung queueing to enter the court 190510Zizie was fined RM1,000 or 1 month's jail in default for entering into the marriage.

She was also ordered to pay another RM1,000 or six months' jail in default for abetting Bung Moktar, 51.

Zizie, 31, is required to pay the full sum by the end of today.

The defence immediately applied for a stay of execution on Bung Moktar's jail sentence.

Lawyer Amli Embong reasoned that the intended appeal would be meaningless without this, as Bung Moktar would have served all or most of the sentence by the time the appeal is heard.

He also argued that serving the sentence would jeopardise Bung Moktar's livelihood and cause anxiety to him and his family.

After a short recess, the court accepted the application.

Bung Moktar will have to file his appeal in 14 days at the Syariah High Court in Shah Alam. Pending that, he has been placed under a bond of RM1,000 with one surety.

The MP's two friends - Sahari Ahmad, 54, and Titing Putang, 56 - were each fined RM1,000 each for abetment or six months' jail in default. They too have up to the end of today to pay the sum.

Zizie's three brothers - Ahmad Shahazmi Abdul Samad, 48, Samzy Fuzette Abdul Samad, 34, Shaheizy Sam Abdul Samad, 27 - were similarly penalised on the same charge.

In addition:

  • Ahmad Shahazmi, who married off Zizie without the registrar's permission was fined RM1,000 or one month's jail in default if he fails to pay by today.

  • Samzy Fuzette and Shaheizy Sam, who abetted in giving her away in marriage, were each fined RM1,000 or one month's jail in default if they fail to pay by today.

Among those present were family members and friends of the accused, who has to jostle for space in the small courtroom.

Members of the Joint Action Group for gender equality also attended the proceedings - they had protested outside the court yesterday.

'Heavier penalty required'

Syarie Judge Wan Mahyuddin Wan Muhammad said the case has received wide media coverage and can be a lesson to members of society who "take polygamy and rules governing marriage lightly".

He also concurred with the prosecutor in saying that, as a lawmaker, Bung Moktar should have had more respect for the law.

"Nowhere in the defence mitigation was it stated that the marriage was necessary and reasonable," he noted.

"The accused had bad intentions and had toyed with the marriage solemnisation process and the rules of polygamy according to Syariah law."

He added that a RM1,000 maximum fine for this offence is insufficient as most people can afford to pay it.

"The time has come for a heavier punishment to protect the credibility of Syariah law," he said.

On April 20, Bung Moktar and Zizie had pleaded guilty to entering into a polygamous marriage on Dec 16 last year without the court's permission.

They also pleaded guilty to abetting one another in the offence, which carries a maximum punishment of RM1,000 or six months' jail or both.

The sentence will not affect Bung Moktar's position as a MP as the law states that a parliamentarian will only lose his seat if convicted of an offence and sentenced to not less than one year's jail or fined not less than RM2,000, and has not received a free pardon.

This report is from

Saturday, 15 May 2010

20 Points - Sabah's Safeguard

The Twenty Points for the safeguard of Sabah
Sabah's conditions for joining the Federation of Malaysia

  1. Religion:
    While there was no objection to Islam being the national religion of Malaysia there should be no State religion in North Borneo, and the provisions relating to Islam in the present Constitution of Malaya should not apply to North Borneo.

  2. Language:
    (a) Malay should be the national language of the Federation;
    (b) English should continue to be used for a period of ten years after Malaysia Day;
    (c) English should be the official language of North Borneo, for all purposes State or Federal, without limitation of time

  3. Constitution:
    Whilst accepting that the present Constitution of the Federation of Malaya should form the basis of the Constitution of Malaysia, the Constitution of Malaysia should be a completely new document drafted and agreed in the light of a free association of States and should not be a series of amendments to a Constitution drafted and agreed by different States in totally different circumstances. A new Constitution for North Borneo, was, of course, essential.

  4. Head of the Federation:
    The Head of the State in North Borneo should not be eligible for election as head of the Federation.

  5. Name of Federation:
    ‘Malaysia’ but not ‘Melayu Raya’ (or ‘Greater Malaya’).

  6. Immigration:
    Control over immigration into any part of Malaysia from outside should rest with the Federal Government but entry into North Borneo should also require the approval of the State Government. The Federal Government should not be able to veto the entry of persons into North Borneo for State Government purpose except on strictly security grounds. North Borneo should have unfettered control over the movement of persons, other than those in Federal Government employ, from other parts of Malaysia into North Borneo.

  7. Right of Secession:
    There should be no right of secession from the Federation.

  8. Borneoisation:
    Borneoisation of the public services should proceed as quickly as possible.

  9. British Officers:
    Every effort should be made to encourage British Officers to remain in the public services until their places can be taken by suitably qualified people from North Borneo.

  10. Citizenship:
    The recommendations in paragraph 148(k) of the Report of the Cobbold Commission should govern the citizenship rights in the Federation of North Borneo persons subject to the following amendments:
    (a) Sub-paragraph (i) should not contain the proviso as to five years residence;
    (b) In order to be consistent with the laws of North Borneo, sub-paragraph (ii) (a) should read ’seven out of ten years’ instead of ‘eight out of twelve years’;
    (c) Sub-paragraph (iii) should not contain any restriction tied to the citizenship of parents – a person born in North Borneo after Malaysia (was formed) must be a Federal citizen.

  11. Tariffs and Finance:
    North Borneo should have control of its own finance, development funds and tariffs.

  12. Special Position of Indigenous Races: In principle, the indigenous races of North Borneo should enjoy special rights analogous to those enjoyed by Malays in Malaya, but the present Malaya formula in this regard is not necessarily applicable in North Borneo.

  13. State Government:
    (a) The Chief Minister should be elected by unofficial members of (the) Legislative Council;
    (b) There should be a proper Ministerial system in North Borneo.

  14. Transitional Period:
    This should be seven years and during such period legislative power must be left with the State of North Borneo by the Constitution and not be merely delegated to the State Government by the Federal Government.

  15. Education:
    The existing educational system of North Borneo should be maintained and for this reason should be under State control.

  16. Constitution Safeguards:
    No amendment, modification or withdrawal of any special safeguards granted to North Borneo should be made by the Federal Government without the positive concurrence of the Government of the State of North Borneo. The power of amending the Constitution of the State of North Borneo should belong exclusively to the people in the State.

  17. Representation in Federal Parliament:
    This should take account not only of the population of North Borneo but also its size and potentialitis and in any case should not be less than that of Singapore.

  18. Name of Head of State:
    Yang di-Pertua Negara.

  19. Name of State:

  20. Land, Forests, Local Government, etc.:
    The provisions in the Constitution of the Federation in respect of the powers of the National Land Council should not apply in North Borneo. Likewise the National Council for Local Government should not apply in North Borneo.