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Judicial CP - August 2003
Sarawak Tribune, Kuching, 2 August 2003
Indon gets 10 years, three strokes for rape
By Clarence Ting
BINTULU - An Indonesian worker was sentenced to 10 years' jail and three strokes of the rotan by the Sessions Court here yesterday, for raping an underage girl.
Mohd Shafiee Manshor, 26 of Tarakan, Sulawasi, Indonesia was found guilty of rape on a 13 year old girl at the workers' barrack at an oil palm plantation at Mile 34, Bintulu-Miri road at 8.30am on 21 June, last year.
Judge Azhahari Kamal bin Ramli, in passing the sentence, described the offence as very serious and hence a deterrent sentence was warranted. He said the accused, being an adult, should protect the vulnerable young girl, but instead took advantage of her.
Prosecuting officer Chief Inspector Ang Seow Aun had urged the court to impose a custodial sentence and the whipping because the victim had undergone untold misery and suffering from the traumatic experience.
Nine witnesses, including the victim and her parents, were called to testify during the trial. Facts of case revealed that at the material time, the accused met his victim when she was returning home after sending her sister to school.
The accused brought her to his barrack where he raped her. When the victim arrived home, she told her parents about the incident and they immediately brought her to the hospital for examination before lodging a police report. The accused was arrested on the same day.
In mitigation, the accused pleaded for a lenient sentence and requested the court give him a chance to turn over a new leaf. He also said that he was the sole breadwinner of the family, who had returned to Indonesia after he was arrested.
Copyright © 2003 Sarawak Press Sdn. Bhd. All rights reserved.
Utusan Express, Kuala Lumpur, 8 August 2003
Policeman gets 15 years and 17 strokes for rape of Indon, Filipina
KUALA LUMPUR, Aug 7 - A policeman was sentenced to 15 years' jail and ordered to be given 17 strokes of the rotan by the Ampang Sessions Court Thursday on two counts of raping a Filipina and an Indonesian woman at a police lock-up last year.
Judge Mohamed Saman Mohamed Ramli found Constable Razali Pilen, 27, guilty of raping the two women, who were being detained at the Hulu Langat (Ampang) district police headquarters, between 2.35 am and 2.40 am on Feb 24.
He sentenced him to 15 years' jail and ordered him to be given 10 strokes of the rotan for raping the 23-year-old Filipina and 15 years' jail and seven strokes of the rotan for raping the 24-year-old Indonesian woman.
The sentences were ordered to run concurrently, from Thursday.
The court, on Sept 23 last year, acquitted and discharged Razali without his defence being called but on April 16 this year, the Shah Alam High Court ordered that he be called to enter his defence following an appeal by the prosecution against the court's decision.
In passing sentence, Mohamed Saman said that Razali had given in to temptation and his act was most shameful as it took place at his workplace.
"Even though I have taken into account the plea in mitigation, the adverse effect on your department cannot be compromised and I have to impose an appropriate sentence," he said.
Earlier in his judgment, he said that Razali had claimed in his defence that he had been goaded into having sex with the two detainees by the lock-up supervisor.
"To my mind, this was mere fabrication and not the truth, and not being the truth, his credibility is also affected for claiming that he had been goaded into having the sexual relations," he said.
Mohamed Saman said that if indeed that was the truth, why was this not reported to the officer-in-charge.
He said that even though the two women were said to be prostitutes, they still had their rights and if there were no consent, it would constitute rape.
Based on evidence, he said, the Filipina did not scream or put up a struggle as Razali was in uniform and she was in fear while the Indonesian woman said that before it happened, she was fast asleep.
She was undergoing mental stress then and was too tired to move, he said.
In mitigation, defence counsel Vasudevan Appu said that Razali was now remorseful and repentant.
He said that Razali was supporting his parents and four of his nine siblings were still in school.
Deputy Public Prosecutor Roshidah Abu Bakar however proposed that the maximum sentence be imposed based on the fact that Razali was a policeman, the victims were foreigners under detention, and the offence took place in a police lock-up.
"The accused has taken advantage of his authority by oppressing the weak who were at his mercy as they were illegal immigrants without travel documents," she said.
Mohamed Saman later fixed Oct 13 to hear Razali's application for stay of execution.
© UTUSAN MELAYU (M) BHD., 46M, Jalan Lima Off Jalan Chan Sow Lin, 55200 Kuala Lumpur.
Bernama News Agency, 7 August 2003
Sarawak Tribune, Kuching, 20 August 2003
20 years, five strokes for raping step-daughter
MIRI - The Sessions Court here yesterday sentenced a man to 20 years' jail and five strokes of rotan for raping his step-daughter four years ago. The accused, Andrew Dingai ak Lindang, 44, pleaded guilty to the charge read under Section 376 of the Penal Code for committing the offence on his step-daughter, who was then 13, at a secluded logging track at 2.30pm on 9 August, 1999.
According to the facts of case read by the prosecuting officer Chief Inspector Ang Seow Aun, the victim was at her auntie's house when the accused came and told her that he bringing her to meet her mother at Piasau Utara. The victim at first refused to accompany the accused citing that she would go by herself the next day. However, the accused managed to persuade her when he insisted that she must abide by her mother's request to accompany him to make a replacement for her lost identity card.
While in the car, the accused told the victim that he had to go to Jalan Bakam to get some traditional medicine for her mother. When they reached a secluded logging track, the accused stopped and got out of the car and laid a plastic sheet on the ground. He then removed the victim's clothing and forced her to have sexual intercourse with him. The accused later brought the victim to her mother's house in Piasau Utara. A police report was lodged at 1.30am on 10 August, after the victim related the incident to her auntie a few hours earlier.
The accused was arrested by police at 4pm on the same day. Counsel for the accused, John Antau pleaded to the court for a lighter sentence as his client was the sole breadwinner of a family with six children, aged between 12 months and 17 years. He also cited that the accused had pleaded guilty, thus saving the court time. However, Judge Azahari Kamal Ramli, in passing the sentence, said the accused had committed a serious offence. He also ordered the jail term to run from the date of arrest.
Copyright ©2003 Sarawak Press Sdn. Bhd. All rights reserved.
Sarawak Tribune, Kuching, 23 August 2003
Youth jailed for stabbing elder brother
By Diana Hiu
MIRI - A youth was sentenced to three years' jail and two strokes of rotan by the Sessions Court here yesterday, for causing hurt to his brother.
Judge Azahahari Kamal Ramli passed the sentence on Wensester ak Lium, 18, after he pleaded of guilty [sic] stabbing his elder brother. Azahahari took into account the seriousness of offence, and described the accused was lucky for his victim survived the attack. According to facts of case read by the prosecuting officer Chief Inspector Ang Seow Aun, the accused stabbed his elder brother Stanley, 26, with a short parang at 10.30pm on 15 August, this year at Krokop Lorong 7 during a drinking session with three other friends. Police investigation into the case revealed that the stabbing was a result of a misunderstanding while in a drunken state. Azahahari ordered the jail term to run with immediate effect and advised the accused to treat the sentence as a lesson learned. He also told him not to repeat such foolish act.
Copyright ©2003 Sarawak Press Sdn. Bhd. All rights reserved.
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