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MALAYSIA
Judicial CP - May 2013



Corpun file 24458 at www.corpun.com

masthead

The Borneo Post, Kuching, 7 May 2013, p.11

8 years' jail, 10 strokes of rotan for drug possession

By Anasathia Jenis

KUCHING: A college student was sentenced to eight years in jail and ordered to be given 10 strokes of rotan by a High Court judge here yesterday after he pleaded guilty to possessing 203.18gm cannabis last year.

Azizul Adzhar Ishak, 21, from Taman Sukma also received one year's jail after pleading guilty to an additional charge for consuming Amphetamine and Methamphetamine.

High Court Judge Chew Soo Ho however ordered Azizul's custodial sentence to run concurrently, which is to take effect from the date of his arrest.

He was arrested on Aug 17 last year at his house at Taman Sukma where the drug was also found with him and after being found positive when a urine test was conducted on him.

Possessing drugs comes under Section 6 of the Drugs Act 1952 and is punishable under Section 39A (2) of the same act which provides a life imprisonment and also whipping not less than six strokes.

Self administration of drugs provides a fine not exceeding RM5,000 or to imprisonment term not exceeding two years.

According to the brief facts of the case, a police team raided a house at Taman Sukma which belonged to Azizul's parents, where they found a man inside a bedroom and conducted a body search on him.

The police found compressed plant material suspected to be cannabis wrapped in transparent plastic and two other packages at another spot in the room.

Also found from the room was a mini weighing scale.

He was arrested for further investigation and a urine test conducted on him was also positive.

In his mitigation yesterday, Azizul who was represented by defence counsel Roger Chin appealed for a lenient sentence because he regretted his past action.


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He added that the eight months he spent in prison had been highly traumatic and was already a punishment for him.

Justice Chew in passing the sentence said the mitigation factor should be balanced with public interests.

"I don't want to send a wrong message to the society as drug offence is serious," he said. He added that eight years' imprisonment was appropriate for such offence.

DPP Mahadhir Mohd Khairudin prosecuted the case.




Corpun file 24457 at www.corpun.com

masthead

The Star, Kuala Lumpur, 11 May 2013, p.24

'City Hall officer' gets jail

Con artist pleads guilty to cheating victims of RM28,300

By Qishin Tariq


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KUALA LUMPUR: A man who posed as a Kuala Lumpur City Hall officer and conned people into renting nonexistent low-cost houses has been sentenced to four years jail and ordered to be given 30 strokes of the rotan by the Sessions Court here.

Judge Mat Ghani Abdullah convicted carpenter C. Komagan, 35, after he pleaded guilty to 10 counts of cheating families into paying him fees of between RM450 and RM9,550 for a total of RM28,392.

He is accused of committing the offences between Feb 24 and April 15 of last year at various locations throughout Kuala Lumpur.

According to the facts of the case, Komagan told the victims that he was a City Hall officer and could give them offer letters to rent low-cost houses for a small fee.

However, when they called him to collect their keys to the houses he refused to answer, causing them to suspect something was amiss.

When the victims checked with the City Hall, it confirmed that it had never employed Komagan.

The victims then filed a police report which lead to Komagan's arrest.

DPP Amira Sariaty Zainal urged the court to hand down an appropriate sentence, saying it would be a warning to the public not to fall for such schemes.

"Everyone wants a home to call their own, but they need to know that there is no short cut to getting one," said Amira Sariaty, adding that Komagan needed to be punished for preying on people.

Komagan, who was unrepresented, pleaded for leniency because he is renting a house for his family too.

He said as the sole breadwinner for the family, they wouldn't be able to afford continue renting the house if he was jailed.

Judge Mat Ghani said that the sentence would take into account Komagan's plea and the fact that he had saved the court's time by pleading guilty.

"Because this is a white collar crime, you will be caned using the rotan one would use for a school caning and not the same one used on violent criminals," Judge Mat Ghani told Komagan.




Corpun file 24771 at www.corpun.com

New Straits Times, Kuala Lumpur, 28 May 2013

Man fined RM4.7m for cheating firm

9 counts: Ex-director also gets 8 years' jail and 9 strokes of rotan

By Rita Jong

SHAH ALAM: A FORMER company marketing director was sentenced to eight years' jail, nine strokes of the rotan and a whopping RM4.67 million fine for nine counts of criminal breach of trust amounting to more than RM2 million.

Sessions Court judge Mat Ghani Abdullah sentenced Chi Thian Foo, 43, from Mars Paint Sdn Bhd, after finding him guilty of the offences.

Chi, a father of three, was charged with failing to discharge his responsibilities by selling various types of car paint at a lower price to Elite Town Coating Sdn Bhd, a company in Tanjung Malim, Perak, resulting in Mars Paint suffering losses of RM2.21 million.

He committed the offences at Mars Paint Sdn Bhd, No. 119, Jalan Kapar, Klang between July 3, 2006 and Dec 30, 2010.

In mitigation, counsel R.V. Lingam said his client had three children aged 11, 12 and 17.

"He currently runs his own business and employs about 50 people," said Lingam, adding that his client did not benefit from selling the items to Elite Town Coating.


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Deputy public prosecutor Iswa Tonie pressed for a deterrent sentence and for the jail terms to run consecutively.

Mat Ghani sentenced Chi to eight years' jail on each charge and ordered him to serve the sentences concurrently.

He was also ordered to serve another 467 months if he failed to pay the RM4.67 million fine.

Mat Ghani, however, granted Chi a stay of execution on the jail terms, whipping and fine, pending his appeal.

He raised his bail from RM450,000 to RM850,000 and allowed the accused to post the bail amount by today.

Copyright © 2011 The New Straits Times Press (Malaysia) Berhad. All rights reserved.



blob RELATED VIDEO CLIP

One-minute news segment from Malaysian TV (27 May 2013) on the above case. Clip shows the culprit being escorted through the court premises.

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.




Corpun file 24478 at www.corpun.com

masthead

The Star, Kuala Lumpur, 31 May 2013, p.3

Jail and rotan for trio who brutally raped woman

By Nurbaiti Hamdan

KLANG: Three men who brutally raped a mother of seven were sentenced to 28 years in jail each and ordered to be whipped a total of 48 times.

Y.K. Gajehindran, 26, J.T. Malvin Isaac, 24, and P. Aravinthiran, 22, were found guilty of raping the 38-year-old woman who was walking to work on Feb 11, 2010.

In her Victim Impact Statement, the factory worker said she was traumatised after the attack which happened more than three years ago.

"I did not leave my house for one-and-a-half years because I was ashamed. My lips were torn from the beating and I had to use a straw to drink. Eating was difficult.

"What did I do to them that they treated me like an animal?" she asked tearfully.

She said the rape had affected her marriage and she found it difficult to be intimate with her husband.

Sessions Court judge Ahmad Fairuz Mohd Puzi said the men's defence was a bare denial which had failed to raise a reasonable doubt.

The judge noted that one of the four men involved in the case had pleaded guilty in 2010 for attempting to force the woman to perform oral sex on them and became a prosecution witness.


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"The evidence of this fourth man corroborates what the victim said," he said in his judgment yesterday.

The court then sentenced accounts executive Gajehindran to 28 years' jail and nine strokes of the cane for raping and forcing the victim to perform oral sex. Malvin Isaac, a despatch worker, was sentenced to 28 years' in jail and 15 strokes of the cane for raping, inserting a twig into the victim's private parts and forcing the woman to perform oral sex, while college student Aravinthiran was sentenced to 28 years' in jail and nine strokes of the cane for raping and forcing oral sex.

They were also slapped with seven years' imprisonment each for abducting the victim and another 15 years in jail and five strokes of the cane each for assaulting her.

All the jail terms were ordered to run concurrently.

The court also disallowed an application by V. Ramavelu, who represented the men, for a stay of execution pending an appeal.

The facts of the case showed that the victim was dragged into a car where she was forced to give oral sex to one of the men.

Her bag was also ransacked and two men withdrew money from her account using her ATM card.

They then took her to a bush near a housing area where they forced her to perform oral sex, raped and beat her.

DPPs Nor Azilah Mat and Siti Noorbaya Jamil prosecuted.

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