*~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~*
{ Sila lawat Laman Hizbi-Net - http://www.hizbi.net }
{ Hantarkan mesej anda ke: [EMAIL PROTECTED] }
{ Iklan barangan? Hantarkan ke [EMAIL PROTECTED] }
*~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~*
PAS : KE ARAH PEMERINTAHAN ISLAM YANG ADIL
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
IPOH, Aug 24 (Bernama) -- Barisan Nasional Member of Parliament
for Teluk Intan Mah Siew Keong and two company directors were
found guilty by the High Court here Thursday of contempt of court
for failing to execute an exparte order made by the court in
March
this year.
The two others are Siew Keong's mother Wong Leng Wah and his
cousin Mah Siew Seng.
Siew Keong, the Perak Gerakan Youth chief, was fined RM10,000
or in default three months jail, Siew Seng (the first respondent)
RM30,000 in default six months jail and Wong RM5,000 in default
three months jail.
Judge Datuk P. S. Gill granted a stay of execution to Siew Keong
and Siew Seng pending an appeal while Wong paid her fine.
For Siew Keong, 39, his position as a member of Parliment is
affected by the sentence.
Article 48 of the Federal Constitution states a member of
Parliament is disqualified from being a member of the House if he
is
convicted of an offence by a court of law in the Federation and
sentenced to imprisonment for a term of not less than a year or
to
a fine of not less than RM2,000 and has not received a free
pardon.
The three are directors of Fortuneview. A writ of summons has
yet to be served on a fourth director of the company.
Baiyu Gamitan, a property developer, had filed for contempt
proceedings against Fortuneview for failing to execute the
exparte
order granted on March 15 in the signing of two "deeds of
assignment".
The dispute between Baiyu Gamitan and Fortuneview was over a
sale and purchase agreement for a housing project in Manjung
district in which Fortuneview owns the land being developed by
Baiyu Gamitan.
Gill, in his judgment, said although the conduct of the
respondents
throughout the committal proceeding reflected unmitigated
repentance, any apology to be affective must be done almost
immediately or at the earliest opportunity in the form of an oral
affidavit.
He said throughout the proceeding, the defendants, through
counsel, had applied to set aside the exparte committal order and
thereafter argued comprehensively the motion for committing.
"At a late stage, the second and third respondents, after being
found guilty of contempt, had proferred an apology," he said.
"The apology must be unqualified and non-ambiguous. In the
absence of an apology in these circumstances, a contemner
cannot subscribe to an expectation of a less severe sentence".
Gill said he took a dim view towards such acts of contempt.
"I would be abdicating in my duties in not meting out an
appropriate sentence to reflect the gravity of the offence."
D P Naban, counsel for Siew Keong and Wong, in mitigation,
extended the apology of his clients and said they had entered
into
the conduct on the advice of solicitors and meant no disrespect
to the court.
He said as an MP, Siew Keong has already attracted media
attention and any sentencing would affect his service to the
public while Wong, 67, is a housewife.
"They have not, in any way, challenged the authority and dignity
of the court," Naban said.
Lawyer for the plaintiff, Datuk V K Lingam, said evidence by the
second and third respondents showed everything was done by the
first respondent, Mah Siew Seng.
He said for five months since the court issued the exparte order,
no step was taken by the respondents to seek clarification nor
had they shown any remorse.
Before the judge read out his judgment after a break, Siew Seng's
counsel David Chai said Siew Seng sought to make an apology in
open court.
Gill granted this but commented that the action was not sincere
as submissions and mitigation had been made by the lawyers and
that it was too late.
-- BERNAMA
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
( Melanggan ? To : [EMAIL PROTECTED] pada body : SUBSCRIBE HIZB)
( Berhenti ? To : [EMAIL PROTECTED] pada body: UNSUBSCRIBE HIZB)
( Segala pendapat yang dikemukakan tidak menggambarkan )
( pandangan rasmi & bukan tanggungjawab HIZBI-Net )
( Bermasalah? Sila hubungi [EMAIL PROTECTED] )
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
Pengirim: Mazlan bin Haji Mat Desa <[EMAIL PROTECTED]>
