PAPAR, Oct 24 — The Native Court here on Wednesday imposed a sogit (penalty) on a high ranking civil servant who holds a Datuk title for interfering with a married woman.
Papar Native Court District Chief OKK Alexander Malianus, serving as the chief judge, ordered the defendant, to pay the plaintiff, who is also a Datuk, three whole buffaloes and RM3,000 cash, within one month from October 23, 2024.
“After discussing with the jury panel involved, the Papar Native Court judges, without hesitation, had come to a decision without question based on the Papar native traditional customs. The court has decided that the defendant was found guilty of violating the customs of the Kadazandusun people in Papar for interfering with the plaintiff’s wife,” he said when meting out the sentence on the defendant.
He also said that parties who are not satisfied with the decision are allowed to file their plea to the District Native Court within 60 days from the date of the court decision.
The defendant was charged under Part III Section 8(1) of the Papar District Kadazandusun Race Customary Tradition.
He was absent from the hearing held on Oct 4, 2024, starting 10am. He was also not present in court on Wednesday.
Alexander informed that the defendant had failed to give a reasonable explanation for his absence from the hearing.
“As a prestigious civil servant, the court shall act on the defendant (for the failure to present himself for the hearing),” he said.
Nevertheless, he also said that the court proceeding could continue despite the defendant’s absence.
The failure to present oneself to the court for hearing is punishable under Section 25 of the Native Court Enactment 1992, which carries a fine of RM200 or two years’ jail or both, if found guilty.
Alexander said the plaintiff had submitted two pages of complaints dated August 9, 2024 as proof, together with 10 pieces of photographs and a few WhatsApp screenshots in addition to the explanation.
The screenshots included the handphone number, with six screenshots dated Jan 24, 2024, 11 dated Feb 25, 2024, two dated Feb 27, 2024 and 53 dated March 3, 2024, he said.
Aside from that, the documents also included proof of lodging at Deluxe Rail Suite Aeropod on May 31 to June 1, 2024, bearing the booking ID of 1248860800, he said.
Alexander also mentioned that as part of the defense, the defendant submitted a two-page document that was undated.
“This letter was handed over on August 28, 2024, during the mediation session.”
Meanwhile, the plaintiff expressed that the Native Court’s decision served as a significant reminder for other Kadazandusun couples to uphold respect for the sanctity of marriage. — The Borneo Post
