Latest news with #CelestinaStuelGalid
The Star
08-07-2025
- Business
- The Star
High Court sets Aug 7 to decide next steps in Sabah's 40% revenue case
KOTA KINABALU: The High Court has fixed Aug 7 for an online case management (e-review) to determine the next course of action in the judicial review application over Sabah's constitutional entitlement to 40% of revenue derived from the state. The date was set by High Court judge Justice Datuk Celestina Stuel Galid on Monday (July 7), following the conclusion of the substantive hearing of the case's merits. Justice Stuel informed the parties that while courts typically deliver a decision within four weeks of final submissions, this case warranted an exception because of its complexity. ALSO READ: Sabah Law Society wins leave to pursue state's 40% constitutional entitlement review She said more time was needed to fully consider the voluminous documents and arguments presented. During the upcoming e-review, the court will decide whether or not further clarification is needed. If not, a date will be fixed for the delivery of the court's judgment. The judicial review was initiated by the Sabah Law Society (SLS) in June 2022, when it filed for leave to challenge the Federal Government's alleged failure to uphold Sabah's revenue rights under the Federal Constitution. In November 2022, the High Court granted leave for the judicial review to proceed, but the Federal Government's appeal to the Court of Appeal was unanimously dismissed in June last year. ALSO READ: Sabah's 40% revenue rights: SLS to get its day in court after AG's appeal dismissed The matter escalated when the Federal Government sought leave to appeal to the Federal Court, which was again rejected unanimously in October. This returned the case to the High Court for a full hearing on its substantive merits. SLS is represented by lead counsel Dr David Fung, with lawyers Jeyan Marimuttu, Janice Lim, and Grace Liew. The Federal Government is represented by Senior Federal Counsel Ahmad Hanir Hambaly @ Arwi, Nurhafizza Azizan and Azza Azmi, and Federal Counsel M. Kogilam Bigai and Nur Atirah Aiman Rahim. Representing the Sabah government are state Attorney General Datuk Brenndon Soh, with Devina Teo and Roland Alik. ALSO READ: Sabah govt still a party in SLS bid for 40% revenue rights, says lawyer On Monday morning, several state assemblymen took time off from the ongoing legislative assembly sitting to attend court. Among those present were former chief ministers Datuk Seri Mohd Shafie Apdal and Datuk Yong Teck Lee, and assemblymen Datuk Darell Leiking (Moyog), Assaffal P. Alian (Tungku), Calvin Chong (Elopura) and Justin Wong (Sri Tanjong). Also in attendance were former Kota Kinabalu MP Datuk Jimmy Wong Sze Phin and Science, Technology and Innovation Ministry permanent secretary Datuk Mohd Hanafiah Mohd Kassim. Deputy Chief Minister Datuk Seri Dr Jeffrey Kitingan attended the afternoon session.
Borneo Post
03-07-2025
- Borneo Post
Ruling on civil servant's bribery appeal August 20
Photo for illustration purposes only. KOTA KINABALU (July 3): The High Court here has fixed August 20 to deliver its decision on an appeal by a civil servant who was convicted of using his position for personal gain. Justice Datuk Celestina Stuel Galid set the date to rule on the appeal filed by Herwan Malik, who is seeking to overturn his conviction and sentence handed down by the Sessions Court. Herwan was sentenced on August 29, 2023, to 12 months' imprisonment and fined RM10,000, in default three months' jail, for each of two charges involving abuse of power for bribes. The Sessions Court had ordered the 24-month total jail term to run concurrently. Following his conviction after a full trial, Herwan was granted a stay of execution pending the outcome of his appeal and is currently out on the original bail amount set for both charges. The 39-year-old was found guilty of abusing his position by certifying the selection of a wholesale company to carry out road maintenance works in Kota Marudu. The company was allegedly owned by his sister. The offences took place at the Kota Marudu District Office on February 28, 2013, and April 30, 2014. Thirteen prosecution witnesses were called during the trial, while Herwan, represented by counsel Shahlan Jufri, was the sole defence witness.
Sinar Daily
26-06-2025
- Sinar Daily
Man jailed 20 years for causing death of pregnant wife during rough sex
SANDAKAN – A man has been sentenced to 20 years in prison after he was found guilty of causing the death of his six-month pregnant wife while engaging in rough sex. High Court judge Datuk Celestina Stuel Galid handed down the sentence against Mohd Rusdi Mohd Nor, 38, at the High Court here on Wednesday after the prosecution succeeded in proving the case beyond reasonable doubt. Rusdi was charged with causing the death of medical officer Dr Azma Ab Rajab, 36, without intent. The offence was committed at a condominium in Jalan Utara, here, between 1am and 10am on Nov 9, 2022. The accused who was unemployed, was convicted under Section 304(a) of the Penal Code which carries a prison sentence of up to 30 years and a fine, upon conviction. In delivering her judgment, the judge said the court had taken into account the mitigating factors raised by the defence, statements from the victim's family, as well as the prosecution's submissions on the considerations relevant to sentencing. The court also took into account that there was no evidence indicating that the killing was premeditated, nor there were any signs of prior violence leading up to the incident. Galid also acknowledged the fact that the incident had led to the loss of an unborn child and the accused's claim that the death was accidental and happened during a violent sexual activity. When given the chance to address the court, Rusdi expressed his remorse and apologised for the tragedy. 'I know it is incredibly painful for Azma's family to lose a sister and daughter. 'But as her husband, who had only recently married her, the loss cuts even deeper for me. I sincerely ask for forgiveness once again," he said, his voice trembling. In pleading for leniency, his lawyers Datuk Ram Singh and Prem Elmer Ganasan said their client was remorseful and regretful over the incident, which occurred spontaneously and without any intent to kill the victim. In his submission, Ram said this was Rusdi's first offence and the latter had given full cooperation to the police throughout his detention. He said there were no signs or indications of strangulation, with the only injuries found being around the mouth, nose and both sides of the neck. 'There was no evidence indicating quarrels between them during their marriage and the incident occurred after five months of marriage,' he said. Meanwhile, deputy public prosecutor Risal Abd Fikkah said the evidence presented in court showed that the cause of death was asphyxia due to smothering and not an instant death. 'The act caused the victim to lose her last breath while struggling to stay alive. 'The prosecution would also like to remind that at the time of her death, the deceased was pregnant with their first child, who was also the child of the accused,' he said. Risal said the victim in this case was a medical officer serving in the Emergency Department at Duchess of Kent Hospital, Sandakan. He said the victim had carried out all the responsibilities expected of a medical officer even while pregnant. 'Despite being burdened with the duties of a medical officer, she never failed in her responsibilities as a wife to the accused. 'She still managed to serve her husband despite being exhausted after long hours of duty, but in the end, tragically met her death at the hands of the very man she served. 'She had dedicated her life to saving others, but ultimately could not save herself. 'The accused, who was the deceased's husband, did not bear any financial responsibilities, as the deceased was the sole breadwinner during their time living in Sandakan,' he said. During the trial, the prosecution called 23 witnesses to the stand, while the defence called two witnesses who were the accused and a forensic consultant.
