Unhappy Kdmr Associations File Claim Against Sabah Lawyer In Native Court

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 KOTA KINABALU: Twenty KadazanDusun Murut Rungus (KDMR) associations have filed a statement of claim in the Native Court against controversial lawyer Marcel Jude Joseph over his alleged remarks describing the annual Unduk Ngadau pageant as a "cattle show".
United Sabah Dusun Association (USDA) president Datuk Ewon Ebin said the action was taken as the associations were unsatisfied that a case, allegedly linked to the derogatory remark, was previously settled out of the Native Court.
"Today, I represent 20 KDMR associations representing various ethnic communities (and) filed a statement of claim in the Native Court in Tuaran against Marcel for insulting the community by his remarks on the Unduk Ngadau pageant in June.
"We, the associations involved, had a meeting on July 10 to discuss the matter and we came to the conclusion that what Marcel did was a grave insult to the community and a grave breach of the native customary law. Therefore, the matter had to be brought to the Native Court for adjudication," he said in a statement.
Ewon said the claim was filed by USDA, Angkatan Perpaduan Sabah (APS), Momogun National Congress (MNC), Persatuan Dusun Luba Sabah, Persatuan Kebudayaan Lundayoh, Persatuan Tombonuo Sabah, Persatuan Suang Lotud, Persatuan Pengamal Adat Sabah, Persatuan Tatana Kebudayaan
Twenty KadazanDusun Murut Rungus (KDMR) associations have filed a statement of claim in the Native Court against controversial lawyer Marcel Jude Joseph over his alleged remarks describing the annual Unduk Ngadau pageant as a “cattle show”. - File pic, for illustration purposes.Sabah, Persatuan Penjajah dan Peniaga Kecil Pasar Besar Kota Kinabalu, Rungus Cultural Association (RCA), Persatuan Kimarangan Sabah, Persatuan Suku Kaum Dusun Subpan Segama, Lahad Datu Sabah, Persatuan Etnik Sonsogon Sabah, Persatuan Desanita, Persatuan Tinagas Zon Utara, Persatuan Tindal Sabah, Persatuan Komulakan Suang Lotud Tuaran and Persatuan Tobilung Sabah.
In June, Marcel was lambasted over his derogatory remarks on the Unduk Ngadau pageant, which was made in a written court submission for his client.
Marcel was representing a politician who was charged with five counts of molesting two women, one of them an Unduk Ngadau contestant. His client pleaded not guilty to all charges.
On Aug 13, the Kadazan Dusun Cultural Association (KDCA) reached a settlement with Marcel on the issue of the insult to the KDMR community.
KDCA deputy president Datuk Seri Dr Jeffrey Kitingan said Marcel had agreed to pay a "sogit" (a fine under native law) of seven buffaloes to the KDMR community through the KDCA within 14 days.
Marcel was also required to publish a half-page public apology in a daily local newspaper of his choice.
Jeffrey had said the agreement would be registered with the Native Court in Penampang and that both parties have agreed not to challenge the terms of the agreement in any existing courts in Sabah.
"On behalf of KDCA and all the associations affiliated with us, we have agreed not to pursue the court action against Joseph, and we consider this matter to be closed. Therefore, we are asking the whole Kadazandusun community to bury the hatchet and do what we have always done, which is to promote peace and reconciliation," he had said.
However, Ewon pointed out that all the associations viewed that mediation must be conducted in a Native Court by an official of the Native Court.
"There is widespread apprehension across the KDMR community on the so-called settlement of the matter via an agreement with Marcel through the mediation of KDCA, to pay a 'sogit' of seven buffaloes to the KDMR community.
"Our stand is that the mediation as facilitated by KDCA is not legally valid because the proper procedure was not adhered to.
"If there is a desire of mediation by both parties, the process must be conducted by an official in the native court. The parties (involved) cannot discuss, negotiate and agree outside the court and later ask the native court to endorse it. - NST

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