Kinabatangan MP Bung Moktar Radin has been slapped with a jail sentence for unlawfully entering into a polygamous marriage with actress Zizie Izette Abdul Samad.

NONE The Gombak Timur Lower Syariah Court also sentenced him this morning to a fine of RM1,000 for abetting Zizie in the offence. If he does not pay the fine by 5pm, he is liable to another month's jail.

There was a gasp in the packed courtroom when Syarie Judge Wan Mahyuddin Wan Muhammad read out the sentence about 9.15am.

Zizie was fined RM1,000 or 1 month's jail in default for entering into the marriage.

She was also ordered to pay another RM1,000 or six months' jail in default for abetting Bung Moktar, 51.

Zizie, 31, is required to pay the full sum by the end of today.

The defence immediately applied for a stay of execution on Bung Moktar's jail sentence.

NONE Lawyer Amli Embong (left) reasoned that the intended appeal would be meaningless without this, as Bung Moktar would have served all or most of the sentence by the time the appeal is heard.

He also argued that serving the sentence would jeopardise Bung Moktar's livelihood and cause anxiety to him and his family.

After a short recess, the court accepted the application.

Bung Moktar will have to file his appeal in 14 days at the Syariah High Court in Shah Alam. Pending that, he has been placed under a bond of RM1,000 with one surety.

The MP's two friends - Sahari Ahmad, 54, and Titing Putang, 56 - were each fined RM1,000 each for abetment or six months' jail in default. They too have up to the end of today to pay the sum.

Zizie's three brothers - Ahmad Shahazmi Abdul Samad, 48, Samzy Fuzette Abdul Samad, 34, Shaheizy Sam Abdul Samad, 27 - were similarly penalised on the same charge. 

In addition: 

  • Ahmad Shahazmi, who married off Zizie without the registrar's permission was fined RM1,000 or one month's jail in default if he fails to pay by today.
  •  Samzy Fuzette and Shaheizy Sam, who abetted in giving  her away in marriage, were each fined RM1,000 or one month's jail in default if they fail to pay by today.
On April 20, Bung Moktar and Zizie had pleaded guilty to entering into a polygamous marriage on Dec 16 last year without the court’s permission.

They also pleaded guilty to abetting one another in the offence, which carries a maximum punishment of RM1,000 or six months’ jail or both.

 

The sentence will not affect Bung Moktar’s position as a MP as the law states that a parliamentarian will only lose his seat if convicted of an offence and sentenced to not less than one year’s jail or fined not less than RM2,000, and has not received a free pardon.

'Heavier penalty required' 

In handing down the sentences, Syarie Judge Wan Mahyuddin Wan Muhammad noted that the case has received wide media coverage and can serve as a reminder to those who "take polygamy and rules governing marriage lightly".

NONE He also concurred with the prosecutor in saying that, as a lawmaker, Bung Moktar should have had more respect for the law.

"Nowhere in the defence mitigation was it stated that the marriage was necessary and reasonable," he noted.

"The accused had bad intentions and had toyed with the marriage solemnisation process and the rules of polygamy according to Syariah law."

He added that a RM1,000 maximum fine for this offence is insufficient as most people can afford to pay it.

"The time has come for a heavier punishment to protect the credibility of Syariah law," he said.

In an immediate reaction, Women's Aid Organisation president Meera Samanther lauded the judge for delivering a "progressive judgement".

NONE "The judgement takes into account the bigger picture and the impact on the wives and the children who are affected when the husband enters into polygamy without consent," she said.

Meera, speaking on behalf of the Joint Action Group (JAG) on gender equality, said that the NGOs were happy to hear the words "just and neccessary" by judge.

"We hope that this sends a strong signal to society, especially those think they can get away with just a simple fine," she said.

"We also hope it sets a precedent and that the appeals court views the offence just as seriously."

JAG members followed the proceedings today- they had protested outside the court yesterday.

Also present were family members and friends of the accused, who has to jostle for space in the small courtroom.

Fines paid

Bung Moktar and Zizie left the court smiling after paying their respective fines about 2pm. The other five individuals have also paid their fines.

Asked if he had expected the jail sentence, he said: "I didn't expect anything, it's God's will."

Prodded by reporters for further comment he said: "I don't even know what I did wrong, so how can I comment?"

Zizie refused to say anything beyond thanking everyone for their presence.

Speaking to reporters later, their lawyer said they are expected to register their marriage now.

"In Selangor, one can only register the marriage after a fine on the offence of illegally entering the marriage has been cleared," said Amli.

As to why he had not submitted during mitigation on how the marriage is just and necessary, he explained this is only required to gain permission to enter into polygamy and to deem the marriage valid.

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