The panel of judges comprising District Chief Bryan Matasing, Native Chiefs Adrian Sikawah and Woritus Paulus found a wife (first defendant) and lover (second defendant) guilty of "Mianu-anu" (illicit intercourse) under Section 10 of the Native Court Enactment 1992/1995 where the sogit is two buffaloes (RM5,000) for the aggrieved party, one buffalo (RM2,500) for the appeasement for dignity of village, court fine RM1,500 and one pig (RM500) for the three children of the wife and her legitimate husband.
The court said the enactment provides for one pig each for the children but they imposed only one for all three children as consideration for the second defendant who is Muslim.
The total sogit under this section is RM9,500 where 65pc shall be paid by the man while the wife pays the balance.
In default of the fine under this section is 6 months imprisonment.
The court also found the second defendant guilty of enticing the wife of another person under Section 18 of the same enactment where the sogit for the aggrieved party was three buffaloes (RM7,500) and the default 18 months' jail.
Hence, the first defendant has to fork out RM3,325 while her lover has to pay RM13,675.00.
Before passing the sentence, the court also read out the facts of the case. The hearing was heard in early July this year where the husband (plaintiff) who lives with his parent and his three children at Kg Nosoob made a police report on Aug. 3, 2015 on learning that his wife had a secret affair with another man, resulting in the birth of another baby.
He had not taken any other action while waiting for the decision of the Native Court. He was agreeable to settle the case in Chambers but the father of the second defendant would not agree leading the case to be heard in open court.
He said he got married on 28 December 2004 and registered with National Registration Department.
In response, the wife admitted the affair and now stayed together in Kudat the past two years.
When asked if her actions would violate the customary laws of Kudat, she answered in the affirmative.
In the dock, the second defendant was asked if the charges against him are true, to which he replied:
"some are correct and some are incorrect". He claimed that he did not know his girlfriend was married when they befriended via facebook. Only when he was arrested in Kota Kinabalu was informed the woman is married.
He admitted taking away another man's wife because she was already pregnant then in 2014.
When asked if his actions also violate his own customary laws and was prepared to be punished he said yes to both questions.
Both defendants have 14 days to pay the fines or if any party not satisfied with the verdict can appeal to the District Native Court within 60 days.
After the panel of judges have left the courtroom, the father of the second defendant approached a court staff asking about procedures of appeal. - DE
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