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 http://www.malaysiakini.com

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