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MALAYSIA

Judicial CP - October 2004



Corpun file 14076

masthead
Straits Times, Singapore, 2 October 2004

Militant gets 10 years' jail for possessing arms

KUALA LUMPUR - An alleged Islamic militant has been sentenced to 10 years' jail and 18 lashings for unlawfully possessing firearms, explosives and ammunition.

Zainuri Kamaruddin, 37, said to be a member of the Malaysian Militant Group, was found guilty on Thursday by the sessions court of possessing an assortment of arms in 2001.

Deputy public prosecutor Masri Mohamed Daud said the large cache of weapons, if used, would have threatened national security.

Zainuri was arrested in May 2001 with several others accused of engaging in militant activities and waging a 'holy war' to overthrow the government after undergoing training in Afghanistan. In the same year, nine of those arrested were ordered to be held without trial under the Internal Security Act. -- AFP

Copyright @ 2004 Singapore Press Holdings. All rights reserved.




Corpun file 14077

masthead
Straits Times, Singapore, 2 October 2004

'Wish we could publicly cane illegals' bosses'

Home Minister expresses frustration over frequent trial postponements and wants faster prosecution of employers

PUTRAJAYA - Home Minister Azmi Khalid is frustrated.

Illegal immigrants at a detention camp outside Kuala Lumpur. Some of them have been held for extended periods because of court delays. -- REUTERS

Courts are delaying the prosecution of employers of illegal immigrants and he wants a few of the bosses to be caned publicly as a deterrent.

But the laws in Malaysia do not allow the errant employers to be flogged in public, he said, adding that 112 of them nabbed by his officers have not been punished in court.

'I am frustrated because none has been convicted but we continue to convict thousands of illegal immigrants.

'Some of the immigrants have been in detention centres for so long because they are supposed to be witnesses in court cases and this is not fair to them.

'The courts have been lenient in allowing lawyers to ask for postponements. I want to see one or two employers found guilty to be caned in public to deter others but I know this is not possible because public caning is not provided by the laws.'

Datuk Azmi spoke to reporters on Thursday to highlight the need for firm action against those employing illegal immigrants who commit crimes and create other social problems in Malaysia.

The penalty for hiring these illegal workers is a fine of not less than RM10,000 (S$4,440) and not more than RM50,000 for each employee. If the boss hires more than five illegal workers, he can be jailed between six months and five years and given not more than six strokes of the cane.

Deputy Prime Minister Datuk Seri Najib Tun Razak has asked the judiciary to mete out harsher penalties to illegal immigrants and their employers.

Datuk Azmi said that between August 2002 and July this year, a total of 16,413 illegal foreign workers were convicted and 112 employers were prosecuted.

He cited several cases, such as that of an employer in Perak who had allegedly harboured five Myanmar nationals and two Thais.

The employer's case was postponed 11 times because either his lawyer could not turn up in court or the magistrate hearing the case was on duty elsewhere.

Employers hiring foreign workers legally have been given three months, from Nov 1, to organise a new induction course for the foreigners who have been in Malaysia for under a year.

The induction course introduced by the Ministry of Human Resources will teach them to speak Malay and English and also have a basic understanding of Malaysian laws, cultures, customs and religious beliefs.

Employers who fail to organise the course cannot apply for foreign workers next year. -- The Star/Asia News Network




Corpun file 14294

masthead
New Straits Times, Kuala Lumpur, 5 October 2004

Incest: 20 more years for driver

SEREMBAN, Mon. - He was sentenced last Friday to 73 years' jail and 46 strokes of the rotan over four cases of incest with his four daughters.

Today, the 40-year-old lorry driver received another 20 years and 12 strokes of the rotan on a second charge of incest with his 19- year-old daughter.

He pleaded guilty before Sessions judge Mohd Zaki Abdul Wahab to committing incest at his house in Senawang about 11.30pm on Sept 13.

After the court interpreter read the facts, the man said: "Semua betul (all correct)."

When the judge reminded him of the consequences of his plea of guilt, he nodded his head a few times, saying "faham" (understood) and "mengaku salah" (pleaded guilty).

He told the court the punishment to be meted out against him should be one that is "fair to my family"

Zaki said he had taken into consideration all factors and the most suitable punishment was the maximum jail sentence.

According to the facts of the case, the man had tried to wake up his daughter who was sleeping with two other siblings in a room at the house.

When she refused, he pulled her hair and forced her into another room where she was "raped".

The victim and one of her sisters went to a neighbour's house on Sept 18 and related their ordeal. The neighbour took them to the Rahang police station to make reports.

The man was arrested the following day. None of the lorry driver's family members were in court.

On Friday, the man pleaded guilty to four of five charges of committing incest with his daughters aged 20, 19, 16 and 14.

Three of the cases were before Sessions Court judge Zainal Abidin Kamarudin, who sentenced him to:

* 18 years' jail and 12 strokes of the rotan for committing incest with his 20-year-old daughter at his house about 1am on Sept 4;

* 18 years' jail and 12 strokes for incest with the same daughter at 1am on Sept 5; and,

* 18 years' jail and 12 strokes for incest with his 14-year-old daughter at the same place at 8.30pm on Sept 9.

In another court, Zaki sentenced him to 19 years' jail and 10 strokes of the rotan after he pleaded guilty to another charge of committing incest with his 16-year-old daughter at the same place at 4.30pm on Sept 7.

However, when he objected to the facts of the case for the second charge which stated he had used force on the 19-year-old daughter, Zaki fixed today for mention but the man pleaded guilty.

(Copyright 2004)




Corpun file 14236

masthead
The Star, Kuala Lumpur, 19 October 2004

Snatch thieves belong in prison

By Mazni Mustafa

IPOH: Snatch thieves should be severely punished and be kept away from society for a long time, said a High Court judge.

In rejecting an appeal by lorry driver K. Raman against his nine-year jail term and six strokes of the rotan, Justice V.T. Singham said the presence of such offenders on the streets was dangerous particularly to women.

"If not for the quick action of the police, you would be repeating your criminal activities on other victims.

OFF TO JAIL: Raman shielding his face from the media after his appeal was dismissed by the High Court.
"Your apparent disregard for public safety cannot be compromised and the court will not be swayed by your mitigating plea including the promise that you have repented," he said yesterday.

Raman, 32, who pleaded guilty to three snatch theft charges, had appealed against a lower court decision which ruled that his sentences be run consecutively.

Raman, from Jelapang, told the court that he had to look after his parents and his five-year-old child as his Thai wife had abandoned their child after he was arrested on May 8.

On June 29, Raman got a two-year jail term for snatching a gold necklace worth RM700 belonging to 40-year-old Muslimah Basar at No. 78 at Taman Maju Rapat in Kampung Rapat at 1.30pm on April 4.

In the second charge, Raman was sentenced to three years’ jail for snatching a gold necklace worth RM400 from teacher M. Yasotha, 32, at SRK Tamil Methodist in Buntong at 1.30pm on April 23.

For the third charge, Raman was given a four-year jail term and ordered to be given six strokes of the rotan for stealing a gold necklace worth RM400 belonging to 67-year-old S. Subbulakshimy in Jalan Abdul Manaf at Lim Garden at 7.15pm on May 6.  

© 1995-2004 Star Publications (Malaysia) Bhd (Co No 10894-D)




Corpun file 14621

masthead
New Sabah Times, Kota Kinabalu, 20 October 2004

Court Beat

Jailed eight years, five strokes of rotan for raping his sister

KOTA KINABALU: The Sessions Court here yesterday sentenced a 21-year-old security guard to eight years imprisonment and ordered him to be given five strokes of the cane for raping his 15 years and nine-months-old sister.

Judge Ravinthran Paramaguru ordered the jail term on the security guard to begin from the date of his arrest.

The security guard was charged for incest under Section 376B of the Penal Code, which carries a jail term of not less than six years and not more than 20 years, and shall also be liable to whipping.

First charged on August 24 this year, he admitted raping his sister at their unnumbered house in Kg. Sukang Baru, Kiulu, at about 10pm sometime in December last year.

The facts of the case tendered by prosecuting officer, ASP Mohd Asmadi Yusof, stated that the victim lodged a police report at the Tamparuli police station on August 9 this year claiming she was raped by the brother sometime in December last year and on several other occasions after that.

Following the police report, the security guard was arrested on August 10 in front of the guardhouse at Beverly Hills Phase 5 in Bundusan Road, Penampang.

During investigation, the security guard admitted raping his sister sometime in December last year while she was sleeping in her room. Their parents were away in Beluran at that time.

Despite his sister's resistance, the security guard raped her and threatened to hurt her if she relate the incident to anyone.

The security guard also admitted repeating the heinous act on a few more occasions, each time when their parents were away.

In passing the sentence yesterday, Ravinthran said he has taken into consideration that the accused was only 21-year-old but the crime committed was a serious one.

Copyright © 1999-2000 New Sabah Times.  All Rights Reserved. 




Corpun file 14439

masthead
Sarawak Tribune, Kuching, 22 October 2004

Unanimous call for harsher penalties to curb crimes

By Rozanna Rony

(extracts)

HEARING THEIR VIEWS ... Radzi (right) with a copy of the documents submitted by 2,400 petitioners throughout the State on the proposed amendments to the Penal Code and Criminal Procedure Code during the dialogue session at the State Assembly Hall yesterday. PHOTOGRAPH: NORDIN MD DIAH

KUCHING -- They were united in their call for the laws to be made more stringent to curb crimes. Speaking in one voice, the victims of rape, snatch theft, robbery, theft and molest and their immediate families who had gathered at the State Assembly Hall yesterday for the dialogue, urged the authorities to amend the Penal Code and Criminal Procedure Code which they described as obsolete.

"We should look at the criminal law and amend it. At present, there is no classification for snatch theft as it is classified as petty crimes," said Chai Khoon Seng, representing 2,400 petitioners throughout the State.

He lamented that cases of snatch theft were on the rise and the law should be made harsher.

"For petty crimes, the punishment is only for a few months, and it is not even classified as robbery. The punishment should be harsher to act as deterrence. If we can have a harsh law for drug trafficking, which is the mandatory death sentence, why can't we have the same for robbery?" quipped Chai.

Chai also believed that if whipping could be used as a punishment for snatch theft cases, then it should be mandatory. Presently, he said, for armed robbery whipping is at the discretion of the judges. According to him, if whipping is made mandatory the number of robberies could be reduced. For the first half of last year, statistics showed that more than 36 persons were robbed in a day, in Malaysia. And these were only the reported cases.

"I do not think that by meting out harsher punishment, we would tarnish the country's image. Look at Singapore, they have an even harsher law and has this affected their image?" chided Chai, pointing out that many people would go to a place if it is safe.

............

SUPP Youth chairman Alan Sim pointed out that due to the sharp increase in crimes, immediate action should be taken to curb them.

"There should be a separate provision for snatch thefts. And we have suggested that there be mandatory whipping for repeat offenders," said Alan, adding that the targets of such acts were pregnant women, tourists and others. "Malaysia is considered one of the safest places in the world, and it is not like we are introducing whipping for the first time in Malaysia," he added, pointing out that other offences were also punished with whipping if the offences were severe.

Meanwhile, the Parliamentary Select Committee which heard yesterday's dialogue session at the State Assembly Hall was attended by several Members of Parliament. The committee, formed in July this year, is headed by Minister in the Prime Minister's Department Datuk Radzi Sheikh Ahmad and comprises six other MPs - Teresa Kok Suh Sim, Tan Ah Heng, Datuk Wan Junaidi Tuanku Jaafar, Devasamy a/l S. Krishnasamy, Donald Peter Mojuntin and Che Min Che Ahmad. Also present was Secretary to the Parliament Dato Abdullah Abdul Wahab, representatives from the Family and Women Development Ministry, Internal Security Ministry, Attorney-General chambers and the police.

The Committee is on a nationwide tour to listen to views on the proposed amendments to the Penal Code and Criminal Procedure Code. The committee had already visited Kuala Lumpur and Kota Kinabalu before coming to Kuching. Radzi said the report, which would be in a book form of ten volumes to be completed in July next year, would be presented in parliament. The Committee, he said, would continue its tour of the country after Raya and during intervals of parliamentary sessions to major towns in Peninsular Malaysia.

Copyright ©2003 Sarawak Press Sdn. Bhd. All rights reserved.




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