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www.corpun.com   :  Archive   :  2005   :  MY Judicial Jul 2005

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MALAYSIA

Judicial CP - July 2005



Corpun file 16110

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Bernama Malaysian National News Agency, 1 July 2005

60 Years Jail And 24 Lashes For Serial Rapist

KUALA LUMPUR, July 1 (Bernama) -- An unemployed man was Friday sentenced to a total of 60 years imprisonment and 24 strokes of the cane by the Sessions Court here after he pleaded guilty of sodomising an Irish woman and a Kuwaiti student as well as raping a South Korean tourist.

Beh Soon Hock, 38, from Plentong, Johor Baharu, was sentenced to 20 years jail each for raping a 24-year-old South Korean tourist, sodomising a 45-year-old Irish woman and sodomising a 10-year-old Kuwaiti student.

Judge Akhtar Tahir also ordered Beh to be given eight strokes of the cane for each of the offences. The sentences for the three offences will be served consecutively effective Friday.

"The crimes you have committed are heinous and cruel," the judge said when passing sentence.

Akhtar said he concurred with the Public Prosecutor that the maximum sentence be imposed on the accused because apart from the fact that the offences involved foreigners, the accused had not shown any sign of remorse although he had been convicted on 15 other offences since 1985 and had been sentenced to 11 years imprisonment in 1996.

On the first charge, Beh was alleged to have raped a South Korean tourist at room 201, Town View Hotel, Jalan Alor, here on June 23 at about 10 to 11 pm.

He was also alleged to have stolen RM700 in cash and a wristwatch belonging to the victim at the same place between 10 pm on June 23 and 10 am on the following day.

According to the facts of the case, the accused had entered the room by impersonating a hotel employee and had later locked the room before raping the victim on the bed.

For the rape, Akhtar imposed the maximum 20 years imprisonment and eight strokes of the cane, while for the theft, he was jailed six years. However, he ordered the sentences for both offences to be served concurrently.

On the third charge, Beh was alleged to have sodomised the Irish woman, who is a project manager of a management firm in Penang, without her consent at room 312, Federal Hotel, Jalan Bukit Bintang on June 24 between 3.30 am and 4 am.

He was also alleged to have robbed the victim of two rings, RM800 and S$750 in cash, a pair of earrings, a wristwatch and two credit cards at the same place and time.

For the third offence, the judge imposed a 20 year jail term and eight strokes of the cane, while for the robbery, he was jailed 10 years. Beh was ordered to serve both sentences for the third offence concurrently.

Beh was also charged for sodomising a Kuwaiti student without his consent in the toilet on the groundfloor of Melia Hotel, Jalan Imbi on June 26 between 1 pm and 1.30 pm.

The court was told that the student was a member of a delegation of 40 students from Kuwait who were staying at the hotel.

For the offence, Akhtar also imposed a 20-year jail term and eight strokes of the cane. He ordered the sentence to take effect after Beh had served the 40 year jail terms for the earlier rape and sodomy offences.

When reading his verdict, the judge said that although Beh had pleaded guilty to all charges, he had to consider the submissions by the Public Prosecutor that the acts committed by the accused had tarnished the country's image as one of the safest countries for foreign tourists.

Head of the Federal Territory Prosecution Unit, B. Sarala Pillai and Deputy Public Prosecutor Mohamad Abazafree Mohd Abbas submitted that the court must impose the maximum sentence provided for by the law because the crimes committed by the accused had received wide media coverage both within and outside the country.

Meanwhile, the accused, who was unrepresented, looked sad throughout the proceedings and merely nodded his head each time the interpreter read the charges in Mandarin.

However, he said that he had nothing else to say except to plead that the court would not order the caning on him.

The accused showed no reaction when the interpreter explained the sentences fully to him. -- BERNAMA

Copyright © 2005 BERNAMA. All rights reserved.

______________

Beh Soon Hock
Beh being led away by a policeman after sentencing in Kuala Lumpur on Friday. (The Star, Kuala Lumpur, 2 July 2005)



blob Follow-up: 25 January 2006 - Serial rapist loses appeal (illustrated)


Corpun file 16135

masthead
New Straits Times, Kuala Lumpur, 6 July 2005

Dadah accused gets stiffer punishment

By A. Hafiz Yatim

PUTRAJAYA, July 5: He believed that he was a free man after serving five years in jail and being whipped three times on a drug possession charge.

But Chan Kheng Nam did not count on the Federal Court allowing an appeal by the prosecution for a stiffer punishment.

Today, his sentence was enhanced to 15 years’ jail and 10 strokes of the rotan.

The court, however, ordered the sentence to begin from the date of his arrest on Aug 22, 1990.

As such, Chan may not have to spend many more nights in prison but he will receive seven more strokes of the rotan.

He was handcuffed and taken away after the court handed down the decision.

Chief Judge of Malaya Tan Sri Siti Norma Yaakob, who sat with Chief Judge of Sabah and Sarawak Tan Sri Steve Shim Lip Kiong and Datuk Nik Hashim Nik Abdul Rahman, unanimously agreed that the Court of Appeal had erred in its sentencing.

They agreed with deputy public prosecutor Kamarulzaman Abdul Jalil that the Court of Appeal had only taken into account the 3.051g of heroin found in Chan’s pocket, and not the remaining 44.783g found in the car that he was driving.

"There were no grounds for judgment by the Court of Appeal for rejecting the 44.783g of drugs found in the car."

He argued that Chan be found guilty under Section 39A(2) of the Dangerous Drugs Act.

Under this section, a person is liable to a jail term of between five and 20 years, and whipping of not less than 10 strokes of the rotan upon conviction.

Chan was sentenced to death by the Kuantan High Court on July 29, 1995 for dadah trafficking.

But the Court of Appeal reduced the charge to possession on Sept 4, 2001, and sentenced him to five years’ jail and three strokes of the rotan.

Copyright © 2004 NST Online. All rights reserved.




Corpun file 16191

masthead
Daily Express, Kota Kinabalu, 13 July 2005

Step up Immigration Act enforcement: MP

Kota Kinabalu: Tuaran MP Wilfred Madius Tangau urged officials involved in the enforcement of the Immigration Act to be more serious and stringent in discharging their duties and responsibilities.

He was reacting to a written reply from the Ministry of Home Affairs to his question in Parliament on the number of Immigration Act-related criminal cases ever since amendments were made a few years ago until May this year.

In the reply, the Ministry stated that a total of 3,052 illegal immigrants were sentenced or penalised under the Act, out of whom 1,049 were caned.

During the same period, only 14 employers were brought to court and out of that only four were fined and five sent to jail.

Considering the fact that there are more than one million foreign workers in Malaysia, the number being brought to court is relatively small.

Also, nothing was stated in the reply regarding offences committed by holders of the IMM13 document, said the Tuaran MP.

Madius is also hoping that the Government, especially the Immigration Department, will resolve anomalies pertaining to the position of IMM13 holders, who are essentially Filipino refugees, in Sabah.

"I am aware of the many government departments and agencies involved in the administration of the IMM13 document holders. And that is why I have suggested that the administration of the Filipino refugees in the State be put under the purview of the Immigration Department.

"However, it appears to me that at the moment there seems to be much confusion amongst the various ministries, departments and agencies as to the policies governing the future of the 65,000 Filipino refugees in the State," he added.




Corpun file 16229

masthead
The Star, Kuala Lumpur, 28 July 2005

Hawker gets 15 years for another rape

By Opalyn Mok

PENANG: A chicken rice seller who was convicted of raping his 20-year-old maid last month in what was popularly known as "the carrot rape case", was sentenced to another 15 years' jail and ordered to be given six strokes of the rotan for raping an 11-year-old girl.

Seow Eng Aik, 37, was yesterday ordered by sessions judge Hadhariah Syed Ismail to serve the second sentence at the end of the first one which is a total of 36 years' jail, with nine strokes of the rotan, on three counts of raping the Indonesian maid.

Seow's wife, Tan Seok Hoon, 36, had earlier received a sentence of six years' imprisonment for abetting him in the rape of the maid.

Seow is to serve the earlier sentence concurrently, meaning 12 years' jail, but with yesterday's sentence, he would be serving a total of 27 years with 15 strokes of the rotan for the two convictions.

Yesterday, he was convicted of raping the girl, now 14, at his flat in Tingkat Paya Terubong in early April 2002.

In handing down judgment, Hadhariah said the defence's claim that Seow was set up by the victim's father was unbelievable.

"There was no reason for the victim's father to set him up as Seow had frequently given food to the family," she said.

She added that the only reason for the victim's father to be angry with Seow was because he had raped the man's daughter.

"Your defence is only bare denial so the court finds you guilty as charged."

Hadhariah added that the court has taken into consideration the fact that Seow had taken advantage of the family who is poor and also on the girl who suffered a mild mental handicap.

"You even dared to rape the girl in her own home, so I sentence you to 15 years with six strokes of the rotan to be served consecutively from the sentence you are now serving," Hadhariah said.

Earlier, deputy public prosecutor Hizween Azleena Othman Kamal urged the court to pass a deterrent sentence of more than 10 years' jail as rape is on the increase and the case was of public interest.

"Those who committed a sexual crime against a child deserve no mercy from any court of law," she said.

In the same court, Seow was also ordered to pay RM4,000 to the government for costs of prosecution and compensation for the "carrot rape case" of the maid.

Deputy public prosecutor Abdul Razak Musa had told the court that the prosecution had to provide food and lodging for the maid while she remained in the country for eight months during the trial and applied for Seow to be ordered to pay the costs.

Hadhariah ordered Seow to pay the compensation in monthly instalments of RM500 from Aug 1.

When defence counsel R. Sankra Krishna applied for the payment of compensation to be postponed because Seow is currently serving a jail sentence, the court rejected the application.

"There is no provision for postponement of compensation but only provision for compensation to be paid in monthly instalments," Hadhariah said.

"If the compensation is not fully settled, the court will issue a warrant for Seow's property to be auctioned to settle the amount."




Corpun file 16245

masthead
Malay Mail, Kuala Lumpur, 29 July 2005

At the courts

Acehnese get 8 years, 10 strokes for drugs offence

SHAH ALAM, SELANGOR, July 29: Two Acehnese were each sentenced to eight years jail and ordered to be whipped 10 times after being found guilty of possession of dadah two years ago.

Acin Mamat Nyak Been, 23, and Mawardi Ismail, 29, could have been sentenced to 20 years for the offence.

They pleaded guilty to an amended charge of possessing 206g of cannabis on Jan 22.

Judicial Commissioner Datuk Zaharah Ibrahim ordered the sentence to run from the date of arrest.

Acin and Mawardi were first charged on April 30 last year for trafficking, under Section 39B of the Dangerous Drugs Act l952, which carries the mandatory death sentence. They claimed trial.

Deputy Public Prosecutor Badius Zaman Ahmad amended the charges on June 27 this year and both men pleaded guilty and were sentenced yesterday.

They admitted to committing the offence at 10.50pm, at a Mobil petrol station, Batu 8, Jalan Bukit Kemuning in Klang,

They were charged under Section 39A(2) of the Dangerous Drugs Act 1952, read together with Section 34 of the Penal Code, which carries a jail term between five and 20 years, and whipping of not less than 10 strokes.

© Copyright 2004 The New Straits Times Press (M) Berhad. All rights reserved.




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