The Borneo Post (Sabah)

By Suraini Andokong

RM60,000 fine for man over contraband cigarettes

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KOTA KINABALU: A man was fined RM60,000 by the Magistrate's Court here yesterday for possessing 3,780 boxes of contraband cigarettes.

Magistrate Mohamad Aizat Abdul Rahim imposed the fine on Bakhtiar Khan, 47, after the latter retracted his plea of not guilty to one of guilty to a charge under Section 135 (1) (d) of the Customs Act.

The indictment carries a fine of not less than five times the value of the items and not more than RM20,000 or a maximum jail term of three years,or both,upon conviction.

Counsel Erveana Ansari,who represente­d the accused,told the court that her client wished to change his plea yesterday and so far the case had gone for trial with one witness called to testify.

The accused was arrested for having the RM5,359.60 worth of cigarettes at a rented house at Taman Kuala Menggatal in Manggatal on January 21. KUALA LUMPUR: The decision on the leave applicatio­ns by former Prime Minister Datuk Seri Najib Tun Razak and his lawyer Tan Sri Muhammad Shafee Abdullah for a judicial review their bid to challenge the appointmen­t of former Federal Court judge Datuk Seri Gopal Sri Ram from leading the prosecutio­n team in their cases, will be known tomorrow (20 Feb).

Senior Federal Counsel Shamsul Bolhassan, acting for the Attorney-General's Chambers (AGC), said High Court (Appellate and Special Powers) judge Datuk Azizah Nawawi had also fixed the same date for a decision on the AGC's preliminar­y objection against the judicial review applicatio­n.

Shamsul said Justice Azizah set the date in her chambers after hearing submission­s from the parties involved.

Shamsul said his side had argued that there was overlap in

In pleading for leniency, the accused's counsel Erveana, submitted that her client was remorseful with what he had done and he wanted to be immediatel­y sent back to his village as his father is sick.

In reply, Customs Department prosecutin­g officer Nanang AK Lumpat urged the court to impose a deterrent sentence on the accused. both applicatio­ns following both applicants (Najib and Muhammad Shafee) filing similar applicatio­ns at the Criminal High Court.

“Hence, we argued that the two applicatio­ns should be heard at the Criminal High Court as both cited the same grounds,” he said.

Meanwhile, lawyer Harvinderj­it Singh, representi­ng Muhammad Shafee, said the two applicatio­ns were different because at the Civil Court, the issue was whether the appointmen­t of Sri Ram by the AGC as Senior Deputy Public Prosecutor was legitimate and made on proper and reasonable grounds.

“Meanwhile, at the High Court, it involves an applicatio­n for an order to recuse or disqualify Sri Ram from leading and handling the cases,” he said.

Najib and Muhammad Shafee, as the applicants, had filed the judicial review applicatio­ns separately in December last year, naming the AttorneyGe­neral/Public

During a previous hearing on November 8, 2018, the prosecutio­n told the court that the accused was supposed to enter his plea on the said charge on October 15, 2018.

However, the accused did not turn up for the court hearing.

He was arrested on November 7, 2018 at Jalan Sulaman and immediatel­y brought to court to face the charge.

Decision tomorrow on Najib's bid to challenge Sri Ram's appointmen­t

Prosecutor as the first respondent while the Government of Malaysia and Sri Ram the second and third respondent­s.

In both applicatio­ns, they sought for an order to disqualify the decision by the first respondent who did not submit to them a copy of the third respondent's appointmen­t letter (Sri Ram) to lead the prosecutio­n team, claiming that it was a violation of Section 376 (3) of the Criminal Procedure Code.

They also wanted a court order to revoke or recuse the appointmen­t of Sri Ram citing that the letter of appointmen­t was invalid, as well as sought a declaratio­n that there was a conflict of interest in the appointmen­t.

They also requested for an order to prohibit Sri Ram from leading the prosecutio­n team in all their cases, including on corruption, abuse of power and money laundering. - Bernama

 ??  ?? Bakhtiar (second right) being escorted out of the courtroom after he wad fined yesterday for possessing 3,780 boxes of contraband cigarettes.
Bakhtiar (second right) being escorted out of the courtroom after he wad fined yesterday for possessing 3,780 boxes of contraband cigarettes.

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