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Missing hearing twice – man ordered arrested
Published on: Thursday, August 18, 2016
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Penampang: The Native Court here ordered a resident of Kg Kibabaig arrested for purposely ignoring a court summons to attend a hearing for the second time Wednesday.During the first hearing on 27 July 2016, the court was told that Mashul bin M. Tuguk refused to sign receipt of the summons.

Following the court procedures, a second notice was delivered by a clerk on 11 Aug 2016 and his report was read out in the court.

It said the defendant was not at home and his wife informed that he is at work in Lahad Datu.

However, the clerk managed to speak to him on the phone and his response was to give the letter to his wife who will submit it to his lawyer.

Hence, presiding judge District Chief Bryan Matasing said the defendant is aware of this hearing but his action has elements of challenging the court and therefore in contempt.

This court is helping to solve problem peacefully but the defendant is also wasting government's time and cost, he added.

The plaintiff Matthias Marcellinus from the same village who filed a case against the defendant for refusing to sign a proposed land subdivision, would have to wait, said the court.

In accordance with the Native Courts Enactment 1992, lawyers are not allowed to appear both at Native Court and District Native Court level but are allowed at the final Native Court of Appeal.





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