Tears of joy…baiklah 

Extract from Borneo Post 12.08.2010

SHAH ALAM: The tears flowed freely, reflecting the joy and relief of an emotional Datuk Bung Moktar Radin.(Bullshit)

They summed up the Kinabatangan MP’s immediate reaction to the decision of the Syariah High Court here, which set aside a one-month jail sentence imposed on him in May, for polygamy without consent.

Famed for his fiery outbursts when debating contentious issues in Parliament, this is the side of Bung Moktar few have seen as the visibly-moved politician wiped away his tears of joy.

His second wife, Zizie Izette A Samad, stroked his back to calm her man as Bung Moktar said: “I am grateful for the judgment handed down by the court. It is the best gift for this Ramadan.

“I will continue to serve as an elected representative, and thank everyone, especially family members, friends and the media who have been supporting me.”

Zizie Izette, wearing a scarf and clad in a pink modern kurung, also expressed gratitude to  those  who stood by the couple during the case.

Selangor Syariah Chief Judge Mukhyuddin Ibrahim, in his judgment, however, ordered Bung Moktar, 51, to pay the RM1,000 fine, in default six months’ jail.

When handing down the judgment, Mukhyuddin  said he accepted five of the 13 petitions filed by  Bung  Moktar in the appeal, including  the fact that Bung Moktar was a first offender.

He noted  that the lower court had erred in not taking into consideration that fact when handing down the jail sentence on Bung Moktar.

However, he said the jail sentence meted by the Lower Syariah Court was low, considering Bung Moktar’s position where as a respected leader and member of parliament, he should know the syariah law.

“Nevertheless, it is unfair to link the appellant (Bung Moktar) as a member of parliament with the formulation of the syariah law because the syariah law is set by the state government.

“Hence, the  court  accepts the appellant’s petition that the lower court had meted out the jail sentence on him, without taking into account  his position as MP, and handing down the sentence on grounds that if a commensurate  sentence  is not handed down,  it  will  invite negative perception from the public on the credibility of the Syariah Court,” he added.

Mukhyuddin said the Syariah  Lower Court also failed to consider the implication of the conviction or jail sentence on Bung Moktar’s position and finance, in view of his huge responsibility towards his family.

He opined that if Bung Moktar were to  be sent to jail, it would adversely affect his two wives and children and would create social problems.

“After studying submissions by  both  parties,  the court finds that the suitable sentence for the  appellant  is  a  maximum fine without imprisonment.

“Therefore, the jail sentence on the appellant is commuted to RM1,000 fine or six months’ jail if he fails to pay the fine,” he added.

Bung Moktar is represented by Syarie lawyer Amli Embong while Zusyarafain Md Yusof prosecuted.

On May 19, the Gombak Timur Syariah Lower Court sentenced Bung Moktar to a month’s jail  for committing polygamy  without consent,  with  Zizie at No.12,  Jalan TC2B/3 Cemerlang Heights, Taman Melati, Gombak at 8.50pm on Dec 16, last year.

He was also fined RM1,000 or a month’s jail for abetting Zizie in marrying her, without the consent of the Registrar of Marriage, Divorce and Reconciliation at the same place, time and date.

SM: From the beginning of this case, I know this lanji guy would not going to jail….well done Zizie