High-profile cases hog the limelight
Published on: Sunday, December 28, 2014
IT was a dramatic year for the judiciary this year with several high-profile cases hogging the limelight and generating wide interest although some turned out to be an anti-climax.Topping the list was the case of Datuk VK Liew who lost the battle to wrest the Liberal Democratic Party (LDP) President post through the court when his bid to challenge the Registrar of Societies' (RoS) endorsement on the election of Datuk Teo Chee Kang as President of the LDP ended when his leave application to appeal was dismissed by the Federal Court on Nov 25.Liew had applied for leave to appeal against the Court of Appeal decision to dismiss his application for leave for judicial review to revoke the RoS decision on the position of the President of the LDP.
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Liew's leave application for judicial review, which he filed on Jan 28 this year, was dismissed by the High Court on Feb 17 this year while the Court of Appeal on May 23, this year dismissed his appeal against the High Court decision.He had named the RoS, LDP President Datuk Teo Chee Kang and Senator Datuk Chin Su Phin, who is now the Deputy President of LDP, as first, second and third respondents, respectively.Meanwhile, the court dispute between Sabah Progressive Party (SAPP), its President Datuk Seri Yong Teck Lee and Likas Assemblyman Wong Hon Jun reached an amicable out-of-court settlement when both parties reached a settlement via mediation on Dec 4.Yong and SAPP had early this year filed four suits against Wong, better known as Junz Wong, who is Sabah DAP Assistant Secretary, for alleged libel committed during the run-up to the 13th General Election last year.
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No less sensational was the suit filed by former State Attorney-General Tan Sri Herman James Luping, who won a total of RM1 million in his defamation suit against two activists over statements they posted on social media following his appointment as one of the members of the Royal Commission of Inquiry (RCI) on Illegal Immigrants in the State.The Sessions Court judge awarded a sum of RM500,000 each in general, aggravated and exemplary damages committed by Andrew Ambrose, better known as Atama, and Marathamuthu Suppanainar, better known as SM Muthu, who were named as first and second defendants.
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The much-awaited defamation suit brought by former Chief Minister Tan Sri Harris Salleh against politician Dr Chong Eng Leong, who had claimed that Harris was involved in the issuance of blue ICs to foreigners in Sabah, saw Harris winning the case.On July 15, High Court Judge Ravinthran N. Paramaguru awarded Harris a sum of RM100,000 in damages and also ordered Dr Chong to pay RM50,000 in costs to Harris.Harris had sought RM50 million in damages against Dr Chong for allegedly defaming him through a Daily Express article published on July 17, 2012.It was the second court victory for Harris as on July 14, High Court Judge Chew Soo Ho ruled in his favour in a suit brought against him by a businessman that Harris' handing over of Labuan to the Federal Government in 1984 was unlawful.Harris was awarded RM15,000 in costs against James Albanus.Meanwhile, Sabah opposition chief Datuk Lajim Ukin retained his Klias State seat after the Federal Court on June 30 dismissed the appeal brought by a Barisan Nasional (BN) candidate (now Datuk) Isnin Aliasnih to nullify the election result for the constituency.Lajim won the Klias seat on PKR ticket with a 179-vote majority by securing 6,324 votes against Isnin's 6,145 during the May 5 general election last year.Isnin filed an appeal to the Federal Court after the Election Court on Dec 6 last year dismissed his petition. The much-awaited case of a Pakistani trader who was accused of causing the death of a 16-year-old girl in Kota Marudu saw him being discharged and acquitted of the charge by the Sessions Court on Feb 12.Amir Ali Khan Nawaty, 40, was freed without his defence being called on the charge of causing the death of one Norikoh Saliwah in a moving lorry headed from Kota Marudu town to Langkon, at Km 2.8 along Jalan Kota Marudu-Langkon,between 11am and 12.30pm on Nov 25, 2012.Amir was, however, placed under remand as the prosecution had filed an appeal to the High Court against the decision but the High Court on Oct 2 dismissed its appeal.He expressed happiness over the court decision and lamented that he had spent his two years in jail while under remand for nothing.A much publicised murder case involved police inspector Ahmad Rizal Umar, who on July 22, walked out a free man after the High Court discharged and acquitted him from the murder of a single mother in Keningau three years ago.Ahmad Rizal, 29, was freed without his defence being called to the charge of murdering one Kartini Borhan, 27, between 4am and 5am on Sept 29, 2011 in a house at Taman Adika in Keningau.Ahmad Rizal said his spirit as a police officer had never faded and intended to continue serving the force thereafter.The year 2014 saw fewer people being sent to the gallows by the High Court here for murder and drug trafficking, with only one convicted for murder and one for drug trafficking.On May 26, a 22-year-old Filipino labourer, Joy Filex, was convicted of murdering taxi driver Chin Kin Fun, 42, on his birthday while robbing him at 10.30am on March 14, 2012 along Jalan Padas Valley in Beaufort.On Aug 15, a 33-year-old site contractor from Kuala Lumpur, Muhd Rizal Kamaruddin, was sentenced to death for trafficking 2,850.60gm of syabu at 9.20am on Nov 18, 2012 at the Customs Passengers Examination Unit in the arrival hall of Terminal 2, Kota Kinabalu International Airport, here.Meanwhile, there were four murder cases brought to court, which involved seven men, whose cases were either waiting to be transferred to the High Court or for trial as at end of the year.Stay up-to-date by following Daily Express’s Telegram channel.
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