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Judicial CP - October 2001, 3 October 2001

High Court Dismisses Appeal Of Violent Motorist

By Liza Mohamad

Bandar Seri Begawan - "A not uncommon sight these days at filling stations are the notices of registration number of vehicles belonging to motorists who have not paid for petrol," said Judge Steven Chong, who dismissed an appeal against sentence made by a violent motorist, who will remain in jail for two years.

The appellant, Ainul Asrin bin Muhammad, 29, is one such motorist, said Judge Chong.

The High Court was told on February 21, Ainul was going fishing. On his way, stopped at the filling station at Kg Pengelayan, in Muara to fill up his car's tank. Having received $5 worth of petrol, he refused to pay and said he had no money.

The pump attendant asked another employee, Abu Bakar Sithik, for assistance. Abu Bakar removed the appellant's car keys and told him that it would only be returned after payment was made. Ainul then flew into a rage.

The appellant got out of his car, armed with a parang, and threatened Abu Bakar with the weapon.

Fearing for his life, Abu Bakar immediately surrendered the keys to the appellant. However that failed to mollify the Ainul's anger.

He attacked Abu Bakar with the weapon before leaving the scene, causing a superficial abrasion on his left shoulder and lacerations on the hand. A medical officer at the RIPAS hospital categorized these injuries as hurt, the court was told.

The assault led to Ainul's appearance in the Magistrate's Court on June 13. He faced two charges of possessing an offensive weapon in  public and voluntarily causing hurt by means of a dangerous weapon.

He pleaded guilty to both charges. The Magistrate imposed a sentence of 2 years and 5 strokes of the rattan.

"Although he has pleaded guilty to the offences and is a first offender, there is really no room for the leniency which he seeks. It cannot be stressed too strongly that any offence involving violence, particularly with the use of weapons, must be viewed very seriously," noted Judge Chong.

"I am bound to observe that this was a vicious assault with a lethal weapon in a public place on an employee who was merely doing his duty. It should be borne in mind that the appellant attacked the victim after the keys had been handed back to him. Also notable is the appellants failure to express any remorse for what he did," the Judge added.

"In the circumstances, I do not think there is any ground for interfering with what I consider to be somewhat lenient sentence. Such outrageous conduct fully deserves severe punishment," Judge Chong said. News

Borneo Bulletin, Bandar Seri Begawan, 10 October 2001

Tree-cutter gets 10 months in jail

By Liza Mohamad

Daud accompanied by two police officersAn Indonesian father of three, Juwil Daud, 33, had shed tears in court yesterday, when he claimed being cheated by friends, who insisted they were actually cutting trees in the Malaysian forest, in search for sandalwood.

"I am a poor person. I do not know how to read and write. I also did not know that we are actually in Brunei," he sobbed in court yesterday.

In court yesterday, Senior Magistrate Dk Rostaina binte Pg Hj Duraman imposed a 10-month imprisonment term and two strokes of the rattan as a punishment for the seven offences he had committed.

He received one month imprisonment on each charge of cutting the trees, searching for the sandalwood, committing trespass and possession of 10 kg of sandalwood at the Labi Mountain reserved forest, Belait, on September 22.

He admitted committing the offences with his four friends, who had fled and left him behind, stated Attorney General Chambers prosecuting officer, Shamshuddin bin Hj Kamaluddin, assisted by Hjh Najwa binte Hj Abdul Majid. The prosecution informed the court that one kilogram of sandalwood could fetch up to RM2,000 in the Malaysian market, depending on the quality.

He also received two strokes of the rattan and earned himself three months in jail, for committing mischief by clearing an area approximately 0.015 hectare to make a camp.

Copyright 1999 Brunei Press Sdn Bhd. All rights reserved.
blob [Picture of Daud, accompanied by two police officers, is from, 26 September 2001, at an earlier court appearance]

Borneo Bulletin, Bandar Seri Begawan, 30 October 2001

Local jailed for drug possession

A Bruneian, Sallehudin bin Bakar, 29, was sentenced to five years imprisonment and five strokes of the rattan cane for being in possession of 7.5644 grammes of methylamphetamine for the purpose of trafficking by Belait Magistrate Radin Safiee Radin Mas Basiuni. Cash amounting to $1,870 was forfeited to the state.

The defendant pleaded not guilty and claimed trial.

On June 4, 1999, at about 3.30am, the NCB officers raided a house in Kampong Sungai Bakong, Lumut. They discovered several items including money amounting to $1,870, several packets of clear crystals believed to be Syabu and an apparatus used for consuming the controlled drug.

Upon analysis, the crystals were found to contain 7.5644 grammes of methylamphetamine.

Sallehudin denied renting the room and said that he was just there to be with his friends to consume drugs.

According to prosecution witness Hajijah bte Zaini, Sallehudin had rented the room from her father for $100 a month.

Another witness, Adi Hazman told the court that the drawer in which the Syabu was found belonged to Sallehudin. The NCB officers found the defendant's wallet containing his identity card in the locked drawer with some packets containing clear crystals.

In Sallehudin's statement, he confessed to owning the Syabu for the purpose of selling them.

But the Magistrate acquitted him and discharged him of the charge of being in possession of apparatus used for the consumption of controlled drugs. Sallehudin admitted to using the instrument but not owning it.

The Magistrate in his judgement said he saw no reason why Sallehudin had to lie about this as he had already confessed to a more serious offence.

Copyright 1999 Brunei Press Sdn Bhd. All rights reserved.

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Colin Farrell 2001, 2002
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