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Wednesday October 30, 2013 MYT 1:15:00 PM
Wednesday October 30, 2013 MYT 9:53:58 PM
by maizatul nazlina
Ervin Ahbabovic (left) and Chung Shun Yee.
KUALA LUMPUR: A Sessions Court here has fixed next month for the hearing of an application by former girlfriend of a Bosnian Ervin Ahbabovic to strike the latter's suit against her over the alleged “abused” of his sperm to get a child with European genes.
Judge K. M. Nithiyanantham fixed Nov 22 to hear Chung Shun Yee's application in the presence of counsel Mohamad Fauzi Abdul Samad who acted for Ahbabovic and counsel James Ee Kah Fuk for Chung.
Judge Nithiyanantham also instructed Chung to file her affidavit in reply within a week.
He made the order when the case was brought before him for case management on Wednesday.
Chung, 29, had filed her defence on Oct 1, claimed that Ahbabovic, 41, a Bosnian Muslim who holds Malaysian PR, was initially a nice person, but had changed to a state where he physically, mentally and verbally abused her.
The entrepreneur also claimed that Ahbabovic was an alcoholic and a womaniser, and had also been hauled up for a molest charge, where he was later discharged not amounting to an acquittal.
On Ahbabovic’s claim that she is a sex addict, Chung said it was impossible for her to have sex six times a day, which lasted an hour each session, as she had a permanent job and had to support their son born in February 2010.
Chung said Ahbabovic had acted aggressively and unreasonably after she failed to fulfil his sexual urges, and he had spat at her face, threatened her and treated her harshly in public.
Chung revealed that Ahbabovic was jailed 21 days by the Traffic Court here for driving under the influence of alcohol, and she had helped him to engage a lawyer to enable him to file an appeal in the High Court, which later fined him RM6,000, an amount she also ended up helping to pay.
In her counter-claim, she is seeking RM200,000 in compensation and losses, another RM33,000 which she had loaned to the plaintiff, as well as RM16,000 for legal fees, bail money, and the fine related to his conviction in the Traffic Court.
Chung is also asking for general damages, exemplary damages, and the cost of the proceedings to be paid by the plaintiff.
She is also seeking an injunction to prevent Ahbabovic from displaying any information or photographs of her and her company across all media platforms.
Ahbabovic had filed his suit against Chung on Aug 30 but the suit was made known to the press on Sept 3.
In the statement of claim, he said he entered into a relationship with the 29-year-old in the hope that he would establish a "God-blessed" union.
He said that they had lived together and were blessed with a baby boy born on Feb 7, 2010 and at the time; he hoped the relationship would develop and lead to a marriage.
The defendant, however, apparently did not reciprocate his feelings and perceived their relationship negatively.
Ahbabovic alleged that she demanded sexual intercourse with six times a day, for approximately one hour each time.
He added that she constantly threatened to commit suicide if her sexual desire was not fulfilled or if he left her.
He said he felt humiliated, subdued, traumatised, extremely stressed and shocked because the defendant not only chased him out from the house but also prohibited him from seeing his son.
Ahbabovic claimed that he contacted the defendant to reconcile for their son's benefit, but she told him that he was merely a 'tool' and wanted his sperm to have a better offspring.
The plaintiff is seeking monetary compensation of RM600,000 for the usage of his sperm for the purpose of getting a child in a wrongful way; to have him recognised as the father of their son in the birth certificate as well as costs and further relief deemed fit and proper by the court.
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Court and Crime Ervin Ababovic, sperm abuse case
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