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Judicial CP - April 2002

Borneo Bulletin, Bandar Seri Begawan, 2 April 2002

3 years for death over noodles

By Liza Mohamad

A Muslim convert, Mustapha bin Abdullah @ Gui Teck Fah, 28, convicted of causing the death of his elder brother, Mohd Yassin bin Abdullah @ Gui Yan Phin, 44, over fried noodles, was sentenced to three years in jail and three strokes of rattan before the Intermediate Court.

A concurrent sentence of 2 years and three whippings was also imposed against Mustapha on the second charge of causing grievous hurt to the victim. Mustapha used a metal pipe on August 2 at house RSJ 233 No.114, Kg Jabang, Jalan Bolkiah, Seria.

In considering the evidence, Judge Lim Siew Yen noted the cause of death was not due to the blows.

Mohd Yassin died as a result of a fall he had sustained while trying to avoid a certain blow.

It was noted in the statement the pipe was straight before the assault. It became crooked because Mustapha used it to hit Mohd Yassin.

Judge Lim also stated the other matter that ought to be considered is Mustapha's intellectual level.

The psychologist who had observed the defendant classified him as within the "intellectually impaired" range that means he does not have the mental ability of a man of 26 years old.

In the police statement, Mustapha told how Mohd Yassin came home and wanted to eat fried noodles. However, Mustapha refused to give it to Mohd Yassin, who got angry. He become noisy and pushed Mustapha's face with his hand. This made the latter angry.

So Mustapha went to his own room and took the iron pipe, which he had been kept there for a long time. He then hit Mohd Yassin hard on his face, twice, as he remembered. Mohd Yassin saw the attack but he did not fight back. After he fell, he went quiet and did not get up.

After he had hit his brother, Mustapha felt sorry. He did not touch the body, as he was scared. He then put the pipe beside the chair near the door to his room and went out.

Before sentence was pronounced, the defendant asked the court to send him to the psychiatric unit for psychosis treatment.

The judge in sentencing noted the defendant has a clean record and had committed the offence in a fit of fury.

He became remorseful when he saw the deceased lying motionless on the floor.

The defendant had been very co-operative with the police in the investigation of the case, and did not try to run away from the law, said the Judge.

Mustapha was convicted after hearing the testimonies of 10 witnesses in the trial led by Deputy Public Prosecutor Hj Nabil Daraina bin Pehin Dato Hj Badaruddin and assisted by Shamsuddin bin Hj Kamaluddin and Suriana binte Radin.

Copyright 2002 Brunei Press Sdn Bhd. All right reserved.

Brunei Direct, BSB, 16 April 2002

Wheelchair Malaysian Gets 15 Months Jail And Strokes For Stealing Brunei Trees

By Liza Mohamad

Bandar Seri Begawan - A Malaysian confined to a wheelchair, after being shot by Brunei police officers on his left leg appeared in court yesterday with his leg in a plaster cast.

He was shot while trying to escape from being in Brunei forest illegally searching for sandalwood trees.

He was yesterday sent to 15 months in jail and ordered to be given two strokes of the rattan.

Dison Arap, 39, pleaded guilty to felling and collecting sandalwood trees between February 14 to 15 together with Yaris Arap, Sia and Milon, who are still at large, near Sg Kura, Kg Ternada, Temburong.

He also earned two mandatory whippings for committing mischief, after felling two sandalwood trees and cutting about 80 smaller trees and causing loss to Brunei government, the court heard.

Facts of the case tendered by Attorney General Chambers prosecuting officer, Shamsuddin bin Hj Kamaluddin stated that while police was patrolling the said area, they heard sounds of people of felling trees.

They then ambushed and fired shots at the four uninvited guests who were seen trying to escape. But the police managed to get the defendant after firing at his left leg, leaving him now confined in a wheelchair, the court heard.

The police also seized three axes, a parang, three long knives, 1 kgs of gaharu and a weighing scale.

The Forestry Department noted that the government lost about $8,775.39 inclusive of $100 fines on each trees, tax and market value.

The sentence will take effect on the day he was arrested, on February 15, ordered Magistrate Dk Masni binte Pg Hj Bahar.

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Colin Farrell 2002
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