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www.corpun.com : Archive : 2000 : MY Judicial Mar 2000

-- THE ARCHIVE --

MALAYSIA
Judicial CP - March 2000

Corpun file 5297 at www.corpun.com

Borneo Bulletin, Brunei, 4 March 20000

Tears of joy as rigger escapes the gallows

By George Francis

MIRI - A rigger for an oil company here on Friday escaped the gallows after the prosecution decided to amend the charge at the start of the trial from trafficking to possession of dangerous drugs.

Mohamad Suffian Mohsin, 28, shed tears as he was embraced by his family after the judge found him guilty as charged and sentenced him to eight years' imprisonment plus 10 strokes of the rattan.

In the amended charge, Suffian was in possession of dangerous drugs, without lawful authority, to wit 61.46 grammes of Methamphetamine, an offence under section 12 (2) of the Dangerous Drug Act 1952 punishable under section 39A (2) of the same Act. He was originally charged with trafficking under section 39B with mandatory death sentence upon conviction.

Two accomplices, Mohamad Saufi Ismail and Arwandy Wasli had full acquittal granted following amendment of the charge after the prosecution's prior withdrawal. The trio were arrested in a raid carried out by the Anti-Narcotics squad on February 15 last year at about 1.30am at a house Lot 691, Jalan Muria 3, Pujut 2B here.

In passing sentence, Judicial Commissioner Datuk Hasan Lah concurred with DPP Julia Ibrahim that a deterrent sentence should be meted out because of the drug menace plaguing the country, and in the interests of the public.

Counsel Bong Ah Loi mitigated that his client was not an habitual offender and the drug involved was considered not a very large amount above the weight limit of sentencing. The accused, he argued had not made any gain or profit from the case, adding that too long a jail term would deprive Suffian, who is still a bachelor the chance to raise a family. Saufi and Arwandy were presented by Ranbir Singh and Mohd Chee Kadir respectively.

The court heard that the police found in the upper level of the house, under a mattress a plastic packet which contained 10 plastic packets containing crystalline substance suspected to be dangerous drug; also, a packet which contained seven plastic packets of crystalline substance.

A search in a room on the lower level, saw on the mattress a black bag which contained a cigarette box containing two plastic packets of crystalline substance, a black box which contained six plastic packets of crystalline substance and a pink box which contained 19 plastic packets of crystalline substance.

On a table in the room, police found two plastic bottle with a straw suspected to be an instrument for dangerous drug; a modified microscope suspected to be an instruments used for administering dangerous drug and two handphones.

Also found, include two sealing instruments, plastic packets of various sizes, Suffian's Malaysian passport, receipts in Suffian's name and a copy of tenancy agreement between Lau Sui Ching and Chung Sui Mei dated Dec 1, 1998.

The analysis carried out by the Chemistry Department in Bintulu confirmed the crystalline substance to contain a total of 61.49gms of Methamphetamine. Investigations shows that the dangerous drugs found in the house were in the possession of Suffian.

Corpun file 5299 at www.corpun.com

The Star, Kuala Lumpur, 4 March 2000

Caning for illegals caught second time

By Muguntan Vanar

KOTA KINABALU: Illegal immigrants caught sneaking into the country for the second time will face caning as an added deterrent in efforts to curb the immigrant problem in the country.

Deputy Home Minister Datuk Zainal Abidin Zin said although this provision existed in the Immigration Act, it had not been used on any illegal immigrant so far.

"Our prosecutors will be asked to push the courts to impose whipping apart from the jail terms for those caught entering the country illegally for the second time," he said after visiting the Sabah police headquarters in Kepayan here yesterday.

Zainal said that from January, thumbprints of all illegal immigrants deported would be taken so as to enable the authorities to identify second-time offenders who might change their identities.

He said if such people were caught again they would be charged in court under the Immigration Act.

He said there were two types of illegal immigrants--those entering with valid documents but overstayed and those who had no valid documents at all.

He said concerted efforts were undertaken by the police, Immigration and National Registration departments nationwide to overcome the illegal immigrant problem in the country.

He said there were an estimated 500,000 illegal immigrants in Sabah, adding: "Its an estimate. Many have already been caught by the authorities."

He said the public should also assist the enforcement agencies by providing information on illegal immigrants in their areas.

Zainal said various agencies were working closely with the Village Development and Security Committees to tackle the problem.

Zainal Abidin also said piracy in Sabah waters had been reduced after state police killed three top pirate leaders operating in the state's east coast waters several years ago.

Last year only four cases of piracy were reported compared to 12 cases in 1998, he said.

He added that the overall crime rate in Sabah also dropped last year.

Corpun file 5349 at www.corpun.com

The Star, Kuala Lumpur, 10 March 2000

Man jailed 12 years for having gun

SANDAKAN: A jobless man was sentenced to 12 years' jail yesterday by the Sessions Court after it found him guilty of illegally possessing a pistol and six bullets.

Court judge Sangau Gunting also ordered six strokes of the rotan for Mohamad Sulaiman, 28, who was unrepresented during his firearms trial which began on Monday.

Mohamad was charged under Section 8 of the Firearms (Increased Penalties) Act 1971 for being in possession of a .38 revolver in front of a coffee shop in Jalan Singapura near here at about 11.30pm on Nov 27, 1998.

He was also charged under Section 8A of the Arms Act 1960 for being in possession of six bullets at the same time and place.

Prosecuting officer Asst Supt Choo Peng Yeang told the court that Mohamad had jumped into a taxi and ordered the driver to start the vehicle.

The taxi driver, however, noticed a few men chasing Mohamad and refused to move the vehicle. Mohamad then threatened to shoot the driver and a struggle ensued between the two men.

The men who were chasing Mohamad overpowered him and saw the revolver in his waistband.

Choo said they then took Mohamad to the Sandakan police station.

Corpun file 5447 at www.corpun.com

The Star, Kuala Lumpur, 31 March 2000

Teenager gets life and whipping

MUAR: The Sessions Court here yesterday sentenced a youth to life imprisonment and six strokes of the rotan after he pleaded guilty to possessing a ganja plant last year.

Mohd Naziff Ahmad, 18, from Jalan Temenggong Ahmad, was arrested after police found the plant at his house on Nov 10.

The plant was sent for analysis at the Chemistry Department in Johor Baru and was later confirmed to be ganja.

Mohd Naziff, who was unrepresented, was charged under Section 6D(1)(a) of the Dangerous Drug Act 1952, which carries life imprisonment and six strokes of the rotan.

Earlier, Mohd Naziff, who is unemployed, was told that the offence carried life imprisonment and the rotan if he pleaded guilty.

Prosecuting officer Asst Supt Lim Ah Bah then asked the court to impose the appropriate sentence.