Illicit relationships: Two couples fined
Published on: Sunday, October 15, 2017
Kota Kinabalu: District Chief OKK Datuk William Majimbun said two native court cases he heard in September were significant.In the first case, a woman from Kg Kawakaan, Inanam, was seeking a divorce from her husband admitting that she was "curang" or cheating on her husband. She was separated from her husband but the couple were still legally married. She had already reported to her village chief and was only fined one pig while the lover was not even summoned.ADVERTISEMENT She was directed to bring her husband to file a proper case as the plaintiff. The hearing was Sept 11 and sitting on the bench were the District Chief himself, assisted by Native Chiefs John Anthony and Lunsin Anjah.The lover as first defendant admitted having an affair with another man's wife was well aware the plaintiff is the husband and yet proceeded with the relationship.When the plaintiff was asked if he was aware of the affair, he said "yes". He also confirmed filing the case in the Native Court after knowing his wife reported to Kota Kinabalu court seeking a divorce.They have two children and both are being taken care of by the husband himself.ADVERTISEMENT When asked if he agreed on his wife's application for divorce, he said, "I have no choice".Based on the testimonies of both parties, the court fined the first defendant the maximum of three buffaloes under Section 18 of the Native Courts (Native Customary Laws) Rules 1995 as a lesson to all natives, where one buffalo for the family (husband), one buffalo for enticement and another for "Kepanasan Kampung" (offence against virtues and dignity of the village).
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Meanwhile, the wife as second defendant, was fined two pigs, one for each of the children as "sogit" (customary penalty). However, she only had to fork out another one as the village chief had fined her one previously. The village chief was strongly advised that there are always two parties involved in such offence and the woman cannot be penalised alone.With the price of a buffalo in Kota Kinabalu at RM3,500, a pig at RM500 the monetised fines were RM10,500 for the first defendant, RM1,000 for the second defendant and a court fee of RM100.The court also granted the divorce with much regret as the couple were below 30 years and had previously married in the same court in 2012.The second case involved two teachers as defendants. The plaintiff was a husband working as a hotel employee in Kota Kinabalu. The husband and wife were only separated by work as the wife was transferred to teach in Paitan.The case was special as the in-law (wife's mother) informed the husband about the illicit relationship between the wife and another male teacher. Hence the husband filed a case in Kota Kinabalu Native Court where he resides.During the hearing on Sept 8, the husband, as plaintiff, testified giving photographic evidence and a hotel receipt. When asked if he recognised the lover, he pointed to the first defendant in the dock.In his defence, the lover denied having any affair and claimed being only "friends" even when shown photographs.He was asked, "Did you know you were holding somebody's wife in an intimate posture as per the photos? Do you know that even holding some woman's hand is already against the "adat"?The defendant could not answer both questions. however, when asked if there is such thing as "adat", he said "yes".The court was also informed that even the headmaster of the school had reprimanded both teachers for acting against school ethics but they continued their relationship. When shown the receipt, the wife as second defendant said she was with one of her children in the hotel. When asked why the affair happened she blamed the husband as giving her stress and always shouting at her. She had no answers when asked if she was creating reasons or grounds for the husband to leave her, or the fate of her two lovely daughters. She also had no answers when told the husband wants to save the marriage.After a 15-minute break, the bench consisting of District Chief William, Native Chiefs Rocky Biniau and Lunsing Anjak passed the verdict. That the first defendant has breached Section 18 of the same Native Ordinance for enticement and fined two buffaloes or RM7,000 while the wife must give sogit to her two daughters one pig each or total RM1,000 with a court cost of RM100. The plaintiff and defendants were all below 30.After the court was adjourned, the mother of the woman asked members of the court if a heavier penalty can be imposed. Stay up-to-date by following Daily Express’s Telegram channel.
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For both cases the defendants were informed that all the fines must be paid in two weeks or both faced 6 months' jail. Any of the parties not satisfied can appeal to the District Native Court within 60 days. In discussing the case, Datuk William Majimbun urged the young generation to learn, respect and preserve their own adat. - Oswald Supi