News From The Malaysian Courts

The Star

Not guilty plea to phone-driving

KUALA LUMPUR: A lawyer claimed trial at a magistrate's court here to using a cellphone without a hands-free kit while driving last month.

V. Raja Singam, 45, allegedly committed the offence on the Middle Ring Road 2 on March 1.
If convicted, he can be fined up to RM1,000 under Section 128(1) of the Road Transport Act 1987.
His counsel A.S. Dhaliwal asked if the court could set the same trial date as that of Raja Singam's other case.
He said Raja Singam was charged in court on March 1 with refusing to co-operate with the police and was released on a RM2,500 bail.

Magistrate Mohd Hafizi Abdul Halim set Sept 12 for trial.

Court has jurisdiction in ex-workers’ case against turf club

PENANG: The Industrial Court has jurisdiction to hear a claim for wrongful dismissal by 26 former workers against the Penang Turf Club, a High Court here ruled.

Judicial Commissioner John Louis O’Hara yesterday dismissed the club’s application to quash an Industrial Court decision that it could hear the workers' claim.

He delivered the ruling in the presence of the club's counsel Brian Jit Singh, the workers' counsel P. Subramanian, and seven of the workers who had turned up for the case.

The Industrial Court had on March 12, 2004, decided on a preliminary issue that it could hear the claim as the 26 workers were defined as “workmen” under the Industrial Relations Act. However, the club then applied to quash that decision on grounds that the 26 were just casual workers and not workmen.

The 26 were mainly ticket-issuing-machine operators, with some as cashiers and technicians. They had filed a claim at the Industrial Court in 1998 against the club for wrongful dismissal.

They claimed that on May 10, 1997, they were barred from entering the club to report for duty. They also claimed that their dismissal was without just cause or excuse and was prompted by their active involvement in the formation of the Penang Turf Club Race Day Workers Union.

In its reply, the club said the claimants and a substantial number of other casual workers failed to attend work on May 4, 1997, without any prior notice.

Five claim trial to causing worker’s death

IPOH: Five men, including two brothers, claimed trial at a Sessions Court to negligently causing the death of a contract worker.

A. Somosundram, 26, his younger brother Ethiran, 22, S. Visvanathan, 49, S. Enitaren, 21, and S. Raja Segeran, 19, pleaded not guilty to causing the death of M. Balamurugam, 28.

They are said to have committed the offence in Chemor here between 10.30pm and midnight on April 3.
The charge under Section 304(a) of the Penal Code carries a maximum two-year jail term or a fine or both.
Defence counsel Ranjit Singh Sandhu asked the court to set a nominal bail amount because his clients were from poor families.

Prosecuting officer Chief Inspector Jasli Mohd Yusoff had proposed bail at RM30,000 each.
Judge Rasidah Chik set bail at RM15,000 with one surety each for the accused and ordered them to report at the nearest police station once a month.

The case will be heard on July 24 and 25.