Saturday, January 03, 2009

BALANCING WITH MALAYSIAKINI: Datuk Kabi and Datuk Mojuntin

Both Datuks got their days in courts. For malaysiakini readers, I like to make a simple comparison on the two Datuks and what they will go through soon.

2. Datuk Kabi is a young man. He is only 29 but somehow his size fits datukship with ease. No ruler award his datukship, therefore that make him a self made datuk. How about that!

A 29-year-old man who goes by the name “Datuk Kabi” claimed trial in a magistrate’s court in Balik Pulau to cheating a car salesman of RM75,000.

C. Kamaleshwaran, who was unrepresented, claimed trial to cheating Ng Cheiw Beng, 43, by inducing him into believing that an AmBank (M) Bhd cheque dated April 5, 2006 for RM75,000 was genuine.

On trial: Kamaleshwaran being led away by a policeman after he was charged at the Balik Pulau magistrates court Friday. He was later rearrested.

The cheque was purportedly payment made by Kamaleshwaran to Ng for the purchase of a car.

Kamaleshwaran, from Kuala Ketil, Kedah, denied committing the offence at the Pappadom Restaurant at Krystal Point in Sungai Nibong at 3pm on March 26, 2006.

He faces a maximum jail term of 10 years with whipping and a fine if found guilty.

Prosecuting officer Chief Insp Md Saad Hassan had suggested bail of RM8,000 but Kamaleshwaran appealed for a lesser amount saying his aged mother could not afford the high amount.

Magistrate Norhayati Johar allowed Kamaleshwaran bail of RM3,000 in one surety and fixed the case for mention on Feb 11.

It was learnt that Kamaleshwaran was rearrested outside the court for other related cases in Penang after his mother posted bail in the afternoon.

It has been reported that a “Datuk Kabi” was involved in more than 20 cheating cases involving land and other transactions using dishonoured cheques in Kuala Lumpur, Selangor, Kedah and Penang.

He allegedly issued cheques from a closed bank account to buy and rent houses and purchase other goods.

The man had turned himself in to the Bukit Aman Commercial Crimes Department on Dec 18, last year. Full here: Datuk’ faces 10 years’ jail and rotan the star.

3. The other datuk is a veteran, 60 year old and an ex Sabah State Minister. His datukship is real by the way. Look at the rosary beads in his hands. Then I remembered another instance, a man caught naked and charged for sexual offence but appeared in court fully dressed.

Former Sabah minister Datuk Conrad Mojuntin was also fined RM2,000 along with his nephew David (below) for assaulting a seafood supplier

Kota Kinabalu: Former State Culture, Youth and Sports Minister Datuk Conrad Mojuntin was sentenced to six months jail by the High Court here, Friday, for threatening a businessman three years ago.

Conrad, 60, was jailed for criminally intimidating businessman Doughty Disimon, 30, outside the SJD Caf} and Sports at 3.30am on Oct. 23, 2005, behind the Public Bank in Donggongon, Penampang.

The charge, under Section 506 of the Penal Code, carries a jail term of up to two years or fine or both on conviction.

He was supposed to serve the sentence effectively from Friday.

However, Judicial Commissioner Datuk Abdul Rahman Sebli, allowed Conrad's application for stay of execution of the prison sentence pending an appeal to the Court of Appeal.

Conrad was released on RM5,000 bail in two sureties pending the appeal.

Abdul Rahman also fined the ex-Minister and his nephew, David Mojuntin, 44, RM2,000 or three months jail each for voluntarily causing hurt to another businessman Chee Hee Fatt, 45, at 4pm the same day at the same place.

The offence under Section 323 of the Penal Code read with Section 34 of the same Code provides a jail term of up to one year of both. They paid the fines.

On Dec. 17, 2008, the High Court allowed the prosecution's appeal and overturned the Magistrate's Court decision of acquitting Conrad and his nephew from the two criminal charges on March 31, last year.

In allowing the appeal, Abdul Rahman held that the Magistrate had seriously misdirected himself when he ruled that the prosecution had failed to prove its case beyond reasonable doubt.

Both Mojuntins were represented by counsel Zahir Hussein Ahmad Shah while Senior Federal Counsel Salim Soib Hamid appeared for the prosecution. Full here: Conrad gets 6 months' jail but appeal filed Daily Express

4. Both will not find it easy to go on with weeks ahead. One is charged for cheating, the other for threatening gesture with pistol. Someone say a man was shot. I dont intend to put value on the charges and sentence passed. Lets get on with life......