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MALAYSIA
Judicial CP - December 2012



Corpun file 24249 at www.corpun.com

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The Borneo Post, Kuching, 4 December 2012

Youth gets 10 years' jail, five lashes for sodomising boy

By Anasathia Jenis

KUCHING: A youth who yesterday pleaded guilty in the Sessions Court here to sodomising a nine-year-old boy in a public toilet near the city last Monday was sentenced to 10 years' jail and to be given five lashes.

The accused Salmi Bodul, 22, from Spaoh admitted to the charge before Judge Alwi Abdul Wahap who convicted him under Section 377C of the Penal Code for committing unnatural intercourse.

The Section provides for a maximum 20 years' imprisonment and whipping upon conviction.

The offence was committed inside a public toilet near Khoo Hun Yeang Road at about 3.10pm on Nov 26.

Judge Alwi ordered Salmi's custodial sentence to take effect from his date of the arrest -- Nov 26.


Click to enlarge

The father of the victim apprehended the accused inside the toilet after his son came out from the toilet, crying and saying he had been sodomised by the accused.

The father rushed into the toilet, apprehended the youth and handed him over to the nearest police station.

Earlier in his mitigation (being unrepresented), he told the judge he was remorseful and that he was drunk when committing the act.

Police prosecution officer Inspector Austin Patrick Angkon urged the court to impose a deterrent sentence as a lesson to the offender and warning that the court does not take the heinous act lightly, especially when committed on a nine-year-old boy who had been traumatised and mentally scarred by it.

Copyright 2010-2012 BorneoPost Online. All Rights Reserved.




Corpun file 24279 at www.corpun.com

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The Star, Kuala Lumpur, 19 December 2012, p.14

Duo pay a heavy price

Young offenders get long jail term plus whipping for violent crime


Off to jail: Mohd Khairell (left) and Mohamad Fadzlie being led away after their sentencing. [NOTE BY C.F.: This caption is incorrect. The picture is from their previous court appearance a week earlier, when sentencing was held over. See video clip below.]

KUALA LUMPUR: A jobless man who raped a Vietnamese girl at a massage parlour, forced its caretaker to watch the act and then rob [sic] the centre was jailed 27 years and ordered to be whipped nine times.

Mohamad Fadzlie M. Rosdi, 20, whose rape victim told the police that he had ball bearings in his private parts, cried when he was approached by his father, kissed his mother's hand and hugged his brother after the verdict was handed down.

Former contractor Mohd Khairell Idzham Hashim, 21, who slashed the caretaker's left ear (the victim required 120 stitches for his injuries) and a cosmetics salesman's hand, received 30 years' jail and 10 strokes of the rotan.

The statement of facts revealed that Mohamad Fadzlie raped the 18-year-old girl on a sofa and forced the caretaker and another Vietnamese woman to watch it at Seasons House Therapy Centre in Setapak at 1am on Nov 25.

Upon hearing the court judgment yesterday, the family members and friends of both accused wept openly.

When Mohamad Fadzlie's father told him that "we will see you in jail tomorrow", the younger man broke down.

Judge Emelia Kaswati Mohamad Khalid said the Sessions Court considered that both accused, who had been detained at two rehabilitation centers for two years under the Emergency Ordinance, were only released in March.

"You still are not remorseful. It is more cruel when you committed the rape in front of others," she said, adding that the court had also taken into account a parang was used to cause injury to two victims.

"I hope the sentence will give a lesson for you. Go into religion while you are in jail. You learn to pray," she told both accused.


Click to enlarge

Emelia sentenced Mohamad Fadzlie to 15 years in jail and five strokes of the rotan for rape and 12 years and two strokes of the rotan for each of the two causing hurt in committing robbery charges. The jail term for causing hurt will run concurrently.

Emelia gave Mohd Khairell 15 years and five strokes of the rotan for each of the two charges of causing hurt in committing robbery.

The judge made the order after hearing the victim impact statements from caretaker Jong Chiak Eng and salesman Teoh Chee Fah.

Yesterday, Jong said his ear was slashed by the accused, adding that not long after the attack, his ear fell off and he had to see a specialist to re-attach it.

Teoh said he could still feel pain in his left hand after the incident.

Copyright © 1995-2012 Star Publications (M) Bhd (Co No 10894-D)


[Additional picture of Mohd Khairell (left) and Mohamad Fadzlie (right) from New Straits Times, 11 December 2012]

blob RELATED VIDEO CLIP

One-minute news item from Malaysian TV station NTV7 briefly covering the above case. The two culprits are shown being paraded before the press on the steps of the court building. The caption to The Star's picture (above) is wrong: that was not taken after sentencing as claimed, but on the day they pleaded guilty, 11 December, as correctly reported in the New Straits Times. In this video clip we see them a week later on the day of sentencing, by which time they have been given haircuts.

HERE IS THE CLIP:

IMPORTANT: Copyright in this video material rests with the original copyright holders. This brief excerpt is reproduced under the "fair use" doctrine EXTERNAL LINK: opens in new window for private, non-profit, historical research and education purposes only. It must not be redistributed or republished in any commercial context.

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