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Bumburing to Pairin: Live up to Huguan title
Published on: Saturday, February 13, 2016
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Bumburing to Pairin: Live up to Huguan title
Kota Kinabalu: Sabah Reform Movement (APS) President Datuk Wilfred M. Bumburing called on Tan Sri Joseph Pairin Kitingan as Huguan Siou to stand up for the Dusun people in a case brought by APS leader Paul Kadau against Umno Beaufort Divisional Chief Datuk Isnain Aliasnih who allegedly uttered derogatory words about the community in a WhatApps message. He was referring to a decision by the Native Court in Keningau to postpone indefinitely the hearing of the case without the consent of the individuals involved as should be for any court hearing.

"This issue had been made known to him (Pairin) personally and as the Huguan Siou, and also the Keningau MP, it is his noble duty to do so.

"I also personally call upon him to be true to the title and be brave enough to stand up for the people who he claimed to lead as their Huguan Siou."

"The Keningau Native Courts have set January 26, 2016 for the hearing. However, when the Plaintiff arrived at the court premises on that date, he was given a letter dated January 21, 2016 signed by the Native Courts clerk postponing the hearing indefinitely.

"At the same time, he was also given a copy of letter by Isnain using the letterhead of the Umno Beaufort Division also dated January 21, 2016 and received by the Keningau Native Courts via facsimile on January 25, 2016 asking the Native Courts to postpone the hearing date.

"Did the Keningau Native Courts make the decision to postpone the date as a result of being influenced by Isnain's letter using the letterhead of the Umno Beaufort Division? Or is Isnain abusing his position by using the letterhead of Umno when writing to the Native Courts in Keningau in order to make the courts postpone the date?" Bumburing asked.

He said the case against Isnain is in his personal capacity and had nothing to do with Umno Beaufort.

"It would do justice to all parties involved if the Keningau Native Court sets the hearing date at the earliest possible," Bumburing said.

On another matter, Bumburing said any ruling made, be it in the Syariah or the Civil courts, must be brought into consideration by any of the courts when dealing with an issue of the same case that had been decided earlier in another court.

While lauding Wednesday's ruling by the Federal Court that the Civil Court is the right forum to decide on matters involving divorce and custody of children where one spouse had converted to Islam and the other remains a non-Muslim, he said there should also be a line drawn between each of these courts where one or the other must have the higher authority.

"This will then make it easier for the Inspector General of Police (IGP) and the Attorney-General (AG) to decide which forum is higher in authority and, thus, enable them to carry out any recovery order issued by the higher court.

"It would be impractical for the IGP and the AG to carry out two conflicting orders issued by two different branches of the judiciary over the same case/issue," he said in a statement.

Bumburing said a line separating the powers of the two would have saved the courts and the people involved a lot of trouble and both forums would have earned the respect of all.

Be that as it may, he said it still saddened many people that the issue of unilateral conversion of children has not been addressed.

The mother in this case, Bumburing said, would also be in a very precarious situation raising her daughter in a different religious environment. "Along these lines, I also call upon the Native Courts to improve and upgrade itself in line with what is required by law," he said.





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