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Judicial CP - March 2005

Corpun file 15276, Brunei, 1 March 2005

Jobless Local Jailed, Caned For Attempted Robbery

By Rol Ezam

Bandar Seri Begawan - An unemployed local was sentenced to 8 years imprisonment and 12 strokes of the cane by the High Court yesterday after he was convicted of attempting to commit robbery of property.

The defendant, Ruslan bin Kunchang, 32, was found guilty of committing the said offence on or about August 19 last year at the vicinity of the Commercial Building bus stand.

Judge Dato Paduka Steven Chong convicted him of having voluntarily caused hurt to Listiani bte Sutrisno, 35, by punching her on her face, and armed with a pen-knife in an attempt to commit robbery.

Pengiran Nina Jasmine, the Deputy Public Prosecutor, who was assisted by Norhafizah Ahmad said 12 witnesses were called in by the prosecution to give evidence.

Meanwhile, in a separate case, the same defendant was fined $2,000 or in default 3 months' imprisonment after he pleaded guilty to committing theft of a Sony Playstation.

He failed to pay the fine and was ordered to serve the default sentence which was to run after he had served the 8-year sentence. -- Courtesy of Borneo Bulletin

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Corpun file 15318, Brunei, 9 March 2005

11 Malaysians Jailed And Caned For Collecting ‘Kayu Gaharu’

By Rol Ezam

Bandar Seri Begawan - Eleven Malaysian men were each sentenced to six months' imprisonment and three strokes of the cane by the Bandar Magistrate's Court yesterday after they pleaded guilty to collecting more than two kilos of Aquilaria Beccariana or in Malay 'kayu gaharu', at one of Brunei's forest reserves and to have entered the country illegally.

All the defendants, Walter Pengiran Kamoa, Richard bin Lalong, Mohd Tajuddin bin Abdullah @Anthony Chan, Roni bin Pala, Liwi bin Yasaya,'Josiah bin Laban, Victor Pengiran, Agustin bin Udan, Francis bin Asai, Pada bin Uak and Palus'bin Laban, originate from Lawas, Sarawak.

The court heard that on February 19 this year, the defendants set off from Lawas in an unknown vehicle through the Batu Sagnol Forest, Lawas.

After about an hour's drive the defendants came across a river bordering Lawas and Brunei. From there, the defendants continued on foot into Brunei.

The defendants had thus entered Brunei unlawfully, without obtaining a valid pass at an authorised landing place or point of entry, which is the Puni Immigration Control Post, Temburong, said the Deputy Public Prosecutor Mohammad Esnawi Hj Sharbwai.

After unlawfully entering Brunei, the defendants continued their journey for about three hours until they reached the Batu Apoi Forest Reserve.

The defendants set up tents in the area and retired for the day. They had thus committed trespass by entering and remaining in the said forest reserve.

The next day they ventured further into the forest in order to search and collect sandalwood. The defendants were able to collect about 2.869 kg of 'kayu gaharu'.

On February 21, at about 6am, the defendants were ambushed and subsequently arrested by the police.

The defendants, along with their belongings and the sandalwood they had managed to collect, were brought to the Temburong Police Station for further investigation.

Amongst their belongings that were confiscated included ten axes, one 'parang', ten pieces of 'selabit' (all believed to be used for the collection of sandalwood) and one plastic box containing pieces of wood believed to be 'kayu gaharu'.

The pieces of wood, sent to the Forestry Department for evaluation, were confirmed as sandalwood, weighing 2.869 kg.

The value of the sandalwood is estimated to be between $2, 000 to $4, 000 depending on the grade of the sandalwood.

The total loss caused to the Brunei Government was estimated to be around $6,000.

All the defendants admitted that their sole purpose of venturing into Brunei was to search and collect sandalwood, which they would later bring back to Lawas to be sold.

The defendants would then share the proceeds equally between them. -- Courtesy of Borneo Bulletin

Corpun file 15355, Brunei, 13 March 2005

Man Gets 16 Years And 12 Strokes For Raping Teenage Daughter

By Rol Ezam

Bandar Seri Begawan - A father of seven was sentenced to 16 years' imprisonment and given 12 strokes of the cane by the High Court yesterday after he pleaded guilty to raping his third child, aged 12.

The defendant, who is unemployed, first admitted to committing rape by having sexual intercourse with his daughter who, at that time was aged 12 years and 6 months, on or about February 3 this year at their house in Kampong Lambak Kiri.

Meanwhile, the defendant also admitted to committing the same offence onto the girl, unnamed to protect her identity, on or about November 13 last year at their residence.

The court heard that the first offence, which was committed last year, started when the defendant was at home with three of his children, including the victim.

As it was the month of Ramadhan in the Islamic calendar, the rest of his children had gone to the mosque to conduct Terawih prayers. The defendant's wife was at work at the time.

Sometime that evening, the girl went into the kitchen to get a glass of water. As she was about to leave the kitchen, the defendant entered the kitchen. His two younger daughters were at the time inside their bedroom. He then locked the kitchen door and forcefully pulled the victim down to the floor.

The court further heard that the victim did

not resist her father's actions as she was afraid and did not dare to disobey him.

The defendant then raped her. He warned the victim not to tell anyone, including her mother about what he had done to her.

Meanwhile, the second offence was committed by the defendant when she was about to shower.

The court was told that before she could close and lock the door, the defendant held the door and entered the bathroom.

The defendant then raped her. The defendant once again warned the victim not to tell anyone.

Three days later, the victim's eldest brother, 16, was inside her bedroom when he felt something amiss. At that time, the defendant was out.

After much coaxing, the girl confessed that her father had been repeatedly raping her. Her brother immediately telephoned '993' to inform the police. -- Courtesy of Borneo Bulletin

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