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MALAYSIA
Judicial CP - June 2013



Corpun file 24769 at www.corpun.com

NTV7, Petaling Jaya, 10 June 2013

Drug trafficking: Man gets 5 years jail, whipping; wife acquitted

By Syarifah Rahman

A man was sentenced to five years in jail and given 10 strokes of the rotan for trafficking 120.7 grams of ganja in January this year.


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The Ayer Keroh Sessions Court however, acquitted his wife, for the same offence.

The couple had earlier pleaded guilty when the charge was read before judge Ahmad Sazali Omar.

23 year old Muhammad Abdul Razak and his wife, Siti Hajar Salim, 22 were both accused of trafficking the ganja at a house in Kampung Gangsa, Durian Tunggal on January 31st.

They were charged under the Dangerous Drugs Act, and faced up to life imprisonment if convicted.

© Copyright ntv7 | All Rights Reserved



blob RELATED VIDEO CLIP

30-second news segment from Malaysian TV (10 June 2013) of which the above text is a verbatim transcript. It shows the offender being led through the corridors of the courtroom.

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 24507 at www.corpun.com

The Star, Kuala Lumpur, 14 June 2013

Manager gets 15 years' jail for CBT

Mada exec also ordered to be caned and fined RM380,000

ALOR SETAR: A Mada Area Farmers Organisation manager was jailed for 15 years and ordered to be given four strokes of the rotan for falsifying documents and committing criminal breach of trust.

PPK B-ll Mada Sanglang manager Mohd Faizal Amir Bazir, 36, was also fined a total of RM380,000 for the five separate offences he committed between March 2011 and June last year.

Mohd Faizal pleaded guilty to falsifying a government order for the construction of a lawn bowl field and a parking lot at the Institut Aminuddin Baki in Jitra amounting to RM44,600.

He was charged with committing the offence at the Menara building here on March 1, 2011.

Sessions judge Mohd Rosli Osman sentenced Mohd Faizal to four years' jail and imposed a RM250,000 fine in default one year's jail for the offence.

Mohd Faizal admitted falsifying another government order for a non-existent upgrading work at the Alor Setar Prison cell blocks and treatment room amounting to RM24,700 on the same date.


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He was jailed for four years and fined RM130,000 in default a year's jail for the offence.

Both charges were under Section 18 of the Malaysian Anti-Corruption Act (MACC) 2009.

Mohd Rosli ordered Mohd Faizal to serve the jail sentences concurrently from yesterday.

The manager was also jailed for two years and ordered to be caned once for cashing a cheque for RM3,718 under the name of one Che Muda Man by altering the document to become an open cheque.

He committed the offence at the Maybank branch in Kodiang on March 22 last year.

He received two years' jail and one stroke of the rotan for another offence -- misusing RM2,000 from the PPK B-ll Mada Sanglang petty cash purportedly to buy a computer on May 29 last year when no such purchase was made.

He was ordered to serve the jail sentences for the two charges concurrently under Section 18 of the MACC Act.

The court also jailed Mohd Faizal three years and two strokes of the rotan for cashing a cheque for RM26,998 under the name of one Abu Hassan Jamal by altering the cheque to become an open cheque at the Kodiang Maybank branch on April 5 last year.




Corpun file 24495 at www.corpun.com

Free Malaysia Today, 15 June 2012

Public whippings in Johore?

'A vote for DAP, is a vote for PAS, is a vote for hudud'. Every time BN wants to weaken Pakatan and frighten the electorate, this trite phrase rattles off the tongues of MCA politicians.

By Mariam Mokhtar

Yesterday, MCA president Chua Soi Lek was again proven wrong. Last April, Chua warned Malaysians, principally the non-Muslims, that a vote for Pakatan would lead to the implementation of hudud law, by PAS, if the Opposition coalition were to win GE-13.

On 13 June 2013 Berita Harian reported that within the past two months, 39 people in Johore, of whom 22 were women, had each received six strokes of the rotan, for committing syariah crimes such as incest and sexual intercourse outside of marriage. Two women had their sentences postponed because one was pregnant and the other was in 'confinement'.

One fact is obvious. More women, than men, are being punished. Why? Are there fewer men because the men had multiple women partners? Are the guilty men still on the run? Who were the witnesses and are they credible? Were the witnesses just seeking revenge?

The rakyat wants to know who represented these women? Were they aware of their rights? Are they first-time offenders?

Our main concern is that religious Islamic bodies fail to act with transparency. On 25 February 2010, it was announced that three Muslim women had been whipped, for committing illicit sex, two weeks earlier. Why was this announcement delayed? Did the government fear a backlash? The Federal Territory syariah court had issued the caning order on these three women, despite the fact that women are supposed to be exempt from caning under Section 289 of the Criminal Procedure Code.

The latest Berita Harian report revealed that the offenders ranged in age from 20 to 50 years old and that the first couple who received their punishment on 4 April, had been guilty of engaging in an incestuous relationship. On 17 May, seven men and nine women, all unmarried, were sentenced. The whippings had been carried out in the Kluang prison. Why was the public not informed earlier?

There is worse news.


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The senior assistant director of enforcement of the Johor Islamic Affairs Department (JAIJ), Mohd Zambri Kambari, said that the usual punishment was a fine of RM5,000 or a jail term of three years. He said that this was the first time whipping had been enforced in Johore. Zambri denied that whipping could be termed as punishment. He claimed that caning would make the person realise his crime and he believed that canings were effective in heightening public awareness.

Zambri is contemplating whipping offenders in public or in mosques.

Malaysians have always been proud of their multicultural society and they have no problem with Islam being the nation's official religion. They fear that their secular state is insidiously being turned into a nation which models itself after Aceh, Afghanistan, Saudi Arabia, northern Nigeria or Somalia.

These religious bodies appear to act, for reasons known only to themselves. A few years ago, pig DNA was discovered in Tabasco sauce (a product which contains only vinegar, water and chilies), HP sauce (HP sauce does not contain any meat derivatives at all) and Golden Churn butter (butter is made from cow's milk).

These products were subsequently withdrawn from sale, despite protestations from the manufacturers and halal certificates to prove the absence of porcine products.

Many wives, or former wives of Muslim men, believe that men are treated favourably in the syariah courts. The wealthy Shanaz Majid, former daughter-in-law of the Chief Minister of Sarawak, the billionaire Taib Mahmud  is treated no differently from a poor Muslim woman in the syariah divorce courts.

Many Muslim ex-wives seeking maintenance for their children give up halfway through their lengthy and costly trials. Several women family members have found that they are at the losing end in inheritance matters.

Religious bodies desiring credibility should raid the Five Star establishments and clubs which are frequented by rich Muslim patrons. Islam preaches equality and whipping as a form of corporal punishment for illicit sex and consuming alcohol, should be given to the ministers, senior Umno-Baru politicians, their cronies and the children of these groups of people, who are regulars at these clubs.

Religious bodies craving respectability should exact the most severe punishments on people who are guilty of corruption and stealing public money. Many of our politicians, civil servants and cronies, deserve attention from the religious bodies.

If these religious bodies want to restore public confidence, they should censure people who bribe their way out of punishment. They should also address the problems of men who marry without their first wife's approval, or who circumvent syariah law by going to the south of Thailand to get married. On their return to Malaysia, they live as man and wife, and when they are discovered, pay the paltry fine.

Men who are caught raping underaged children, escape punishment by offering to marry their victims. They pay 'compensation' to the girl's family then leave her after they become bored with her. Religious officials fail to understand that a girl's future is ruined. She is without an education, her health and body are ruined, her psychological scars haunt her for life, she will probably have children to take care of and will end up living in poverty.

The real problem of underaged sex and abandoned babies is not being addressed. Education including sex-education is the answer, not marrying off young children or teenagers just because they are curious about each others' bodies. Marriage should not be forced on them simply to avoid the stigma of society and to avoid illegitimate children being born.

This minority government has failed to address the real causes of illicit sex. They only know how to treat the symptoms.

Whipping violates international human rights principles; it is cruel and inhumane.

Malaysians are subject to two laws – one civil and one syariah. There is a further complication. The ordinary rakyat must do things in accordance with these laws, but Umno-Baruputras do as they please.

The irony of Chua's warning is that the creeping Islamicisation of Johore, a BN ruled state, is being done by Umno-Baru, and not PAS.

Today, the Turkish people are protesting about the increasing Islamic influence in their nation. Will the moderate Muslims in Malaysia speak out now? Will they continue to keep silent and see Malaysia heading the way of Afghanistan?

If moderate Muslims do not say, or do something now, they will have to face the consequences of a more rigid society based on the Malaysian religious bodies' version of Islam.

They will find that their lives will be controlled more rigidly and they will have to change the way they dress and conduct themselves in public. They will not be able to listen to some music and will be banned from rock concerts. Reading matter will be restricted and women will lose most of the rights that they now enjoy.

Non-Malays may continue to prosper in trade and education. Their minds may flourish although their houses of worship and burial grounds will be desecrated. They may find that their children will be unlawfully converted and the bodies of their dead, snatched.

The apathy of Malaysians gives JAIJ and Umno-Baru a licence to act.

Mariam Mokhtar is an FMT columnist.

Copyright (C) 2009-2013 MToday News Sdn. Bhd. All Rights Reserved.





Md Zaini, who was unrepresented, appealed for a lenient sentence as he was remorseful. -- NSTP/Mohamad Shahril Badri Saali

Corpun file 24513 at www.corpun.com

New Straits Times, Kuala Lumpur, 19 June 2013

Security guard to serve 10 years for raping stepdaughter

By Chuah Bee Kim

JOHOR BARU: A 35-year-old security guard was sentenced by the Sessions Court to 10 years' jail and five strokes of the rotan for raping his then nine-year-old stepdaughter.

Md Zaini Zainal Abidin pleaded guilty to committing the offence at No. 5, Jalan Sekolah Agama, Kampung Pasir Putih in Pasir Gudang at 2pm on June 9 last year.


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He also pleaded guilty to forcing the girl to perform oral sex on him for which he was sentenced to six years' jail. The  sentences are to run concurrently. Md Zaini, who was unrepresented, appealed for a lenient sentence as he was remorseful. "I work as a security guard and my salary is only RM1,000 per month. I also have high blood pressure and diabetes," he said. The twice married Md Zaini said he had seven children of whom five were his stepchildren. Deputy public prosecutor Anwar Ab Raof asked judge Hassan Abdul Ghani to mete out the maximum sentence as Md Zaini, being a father, should take care of the welfare and safety of his children. According to the facts, the victim's mother had lodged a police report stating that her husband, who is the child's stepfather, had committed the indecent acts on the child. The victim was then sent to the Sultanah Aminah Hospital here for a medical examination. The medical report recorded a tear at her private part.

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

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