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Couple fined RM7,000 over affair
Published on: Thursday, August 25, 2016
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Penampang: A woman from Kg Sugud won a case against her husband who had a secret affair with another woman at the Native Court here. The husband, who originated from Kudat, and his lover from Kota Marudu were fined a total of RM7,000 where the husband as first defendant has to pay RM4,725 while RM2,275 shall be paid by the second defendant.

The panel of judges District Chief Bryan Matasing, Native Chief Marcus K. Jonioh and Village Chief Charles Ebol found the husband and lover guilty of "mianu-anu" (illicit intercourse) under Section 10 of the Native Courts Enactment 1992/1995 where the maximum "sogit" (customary penalty) is two buffaloes.

However, the court imposed one buffalo (RM2,500) in consideration that the lovers have separated.

Under the same Section 10, another buffalo (RM2,500) shall be given as appeasement for the village of the wife and a court fine of RM1,500.

In addition, since the woman and husband already had three children, the "sogit" for them would be three pigs.

However, the court imposed only one 50kg pig (RM500) for all three.

According to the fact of the case, which was initially heard in chambers last year, both the defendants admitted to their illicit relationship but later mutually agreed to end the affair.

In default of the penalties, the first defendant faces six months' jail while the second defendant, who was not present in court for the verdict, faces four months.

Consistent with the procedures of the court, both defendants have 14 days to pay the penalties or can appeal to the District Native Court within 60 days.





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