KOTA KINABALU – A Malaysian Datuk, a senior state civil servant, was given in absentia a fine of three buffaloes and RM3,000 (S$910) by a native court in Kota Kinabalu for enticing the young wife of another Datuk.

       Papar District Native Court chief Alexander Malianus ordered the 57-year-old man to pay the sogit, or native fine, to the plaintiff, a 76-year-old former state civil servant, within a month from Oct 23.

       The former civil servant had accused the defendant, who is currently still in the civil service, of “interfering” with his wife and filed a case against him on Aug 29 on allegations that he had enticed the plaintiff’s wife, who is in her 30s.

       “The court has found the defendant guilty of violating the customs of the Kadazandusun people in Papar for interfering with the plaintiff’s wife,” Mr Malianus said in reading judgment after conferring with fellow native court judges.

       However, he said that any party who was not satisfied with the judgement could appeal to the District Native Court within 60 days from the date of the court decision.

       The defendant was not present in court on Oct 23 to answer the charges filed under Part III Section 8(1) of the Papar District Kadazandusun Race Customary Tradition.

       He also did not attend the first hearing on Oct 4.

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       Mr Malianus said that the defendant, as a senior civil servant, had failed to give a reasonable explanation for his absence from the hearing when deciding to go ahead with the proceedings on Oct 23.

       He said that the failure to be present at the native court hearing was an offence under Section 25 of the Native Court Enactment 1992, and those found guilty could be fined RM200, given two years’ jail, or both.

       He said the court would also take action against the defendant for not appearing at the hearing.

       According to Mr Malianus, the plaintiff had submitted two pages of complaints, 10 photographs and screenshots of WhatsApp messages between Jan 24 and March 2, as well as phone numbers, to prove that the defendant was enticing his wife.

       The plaintiff had also provided a document showing proof of lodging at Deluxe Rail Suite Aeropod from May 31 to June 1.

       The defendant also submitted a two-page undated letter that was handed over on Aug 28, Mr Malianus said.

       Following the court decision, the plaintiff said that it was a significant reminder to uphold respect for the sanctity of marriage. THE STAR/ASIA NEWS NETWORK