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

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MALAYSIA

Judicial CP - September 2005



Corpun file 16478

masthead
Sunday Star, Kuala Lumpur, 4 September 2005

Rising HIV+ rate in prisons worrying

Prison directors are concerned by the rise in the number of prisoners who are HIV+, which has doubled in the last decade, and AIDS-related illnesses that have been the leading cause of deaths in prisons in recent years, writes IVY SOON.

CONSULTANT to the Malaysian AIDS Council's (MAC) Harm Reduction Working Group Palani Narayanan likened prisons to a carburettor for HIV infection because “injecting drug users from different places are jailed together, HIV is transmitted and then they are released to return to their community where they can pass on their infection”.

The fact that prisons are extremely high-risk environments for HIV transmission was echoed by University Malaya Medical Centre's head of infectious disease unit Dr Adeeba Kamarul-zaman, who attributed the causes to overcrowding, poor nutrition, limited access to healthcare, continued illicit drug use and unsafe injecting practices, unprotected sex and tattooing.

The grim scenario was presented at the recent National Prison Advocacy On Drug Use and HIV seminar organised by the Prisons Department and the Malaysian AIDS Council and attended by, among others, eight prison directors from all over Malaysia. These directors also presented their reports on the HIV/AIDS situation in their respective prisons.

HIV/AIDS has been present in prisons for at least the past two decades, and the number of HIV+ prisoners now makes up about 4.35% of the prison population. 

Almost half of the prisoners here are convicted on drug charges, 64% of which are for drug use. Thus, the prison is host to a huge number of people who have engaged in high-risk behaviour such as injecting drug use that could lead to HIV transmission. 

It helps that the prison authorities have set up guidelines on how to deal with HIV+ prisoners. Staff are also sent for courses to educate them on the disease and ways of handling their HIV+ wards.

HIV+ prisoners are generally given a better diet; their cells and beddings cleaned more vigorously; and they are only allowed work with little risks of injury.

[...]

However, as Taiping prison director Narender Singh pointed out, their first responsibility is to carry out the sentences meted out by the courts. 

“Whether they are HIV+ or not, we have to treat them like prisoners first. We try to make sure that HIV+ prisoners are flogged with a separate cane to protect the others from being infected, but we still have to carry out the caning,” he said.

Although prison staff are expected to provide the inmates with HIV/AIDS education and counselling, the lack of manpower often hampers its implementation.

[...]

1995-2005 Star Publications (Malaysia) Bhd (Co No 10894-D)




Corpun file 16751

masthead
The Star, Kuala Lumpur, 12 September 2005

79 illegal aliens get jail, rotan

SUNGAI PETANI: Seventy-nine foreigners have been sentenced to 11 months' jail each for illegally entering the country in March. 

Magistrate Zarifah Zainol Abidin also ordered them to be given a stroke of the rotan each after they pleaded guilty to committing the offence. 

Seventy-six of the illegals were from 76 from Myanmar, two from India and one from Bangladesh. 

They pleaded guilty when the charges were read out to them by a court interpreter yesterday. 

They were charged under Section 6(3) of the Immigration Act 1957 for non-possession of legal travel documents. 

This Section carries a maximum fine of RM10,000 or five years' jail and six strokes of the rotan.  

1995-2005 Star Publications (Malaysia) Bhd (Co No 10894-D)




Corpun file 16754

masthead
The Star, Kuala Lumpur, 15 September 2005

Jail and whipping for two rapist dads

SHAH ALAM: Two men were sent to jail and ordered to be whipped for raping their daughters. 

In the first case, a 41-year-old estate worker got 18 years' jail after he admitted to two counts of committing incest with his 12-year-old daughter in June and July this year at their house in Hulu Bernam. 

Sessions Court judge Azimah Omar yesterday jailed him 18 years for each offence, to be served concurrently from the date of his arrest on Aug 15, and ordered him to be whipped 10 times. 

In the second case, a 38-year-old odd-job labourer pleaded guilty to raping his nine-year-old stepdaughter on July 13, 2001, and his eight-year-old daughter two days later at their house in Batu Caves. 

Azimah sentenced him to 16 years for raping his stepdaughter and 15 years for attacking his daughter. He was also ordered to be whipped eight times.  

According to the prosecution, the father of three raped his stepdaughter in his bedroom, and his daughter in the guest room. He then gave his daughter RM2. 

He was caught in the act after his stepdaughter told her aunt that the man was having sex with his daughter.  

1995-2005 Star Publications (Malaysia) Bhd (Co No 10894-D)




Corpun file 16614

masthead
The Star, Kuala Lumpur, 17 September 2005

Public get inside view of JB prison

By Olivia Lee
Photos by Abdul Rahman Embong

(extracts)

An hour-long tour of Johor Baru Prison is definitely an eye-opener into a world of loneliness, hardship and misery. 

The huge iron gates and dirty walls of the cells, the living conditions, strict daily regimes and constant watchful eyes of numerous wardens are enough to paint in visitors a mental picture of a day in the life of a prisoner.  

After a visit, many schoolchildren vowed to remain on the side of the law to avoid ever going to prison. 

BEHIND BARBED WIRE: Prison officers walking on a compound leading to various blocks in Johor Baru Prison.

“I don't think I want to make any mistakes. Life in prison is too miserable. It was scary, especially when we saw a video of the caning of prisoners. It looked very painful. 

“We wouldn't want to stay overnight, even if it's for free,” commented 13-year-olds Teo Pei Wen and Joey Woo of SM Infant Jesus Convent Johor Baru after their visit recently.  

On Sept 1, the 122-year-old prison ceased serving as an incarceration centre and was opened to the public for visits.  

DETERRENT: Prison officer Jamal Aziz showing the various canes used to cane prisoners.

Way back in 1882, the prison could hold only about 200 prisoners and was progressively renovated to house 1,200 inmates. 

The 14,720 sq m prison has 10 blocks, five vocational workshops, a visiting area, a counselling centre, a surau and other facilities to cater to inmates. 

Prison Deputy Superintendent Mohamed Musa said the prison was the third-oldest after those in Penang and Taiping, Perak. 

It is the fourth correctional facility in the country to close after those in Kuantan, Pulau Jerejak and Pudu in Kuala Lumpur. 

[...]

The facility received 7,825 visitors from the day it opened to Sept 8.  

Mohamed said there were tourists from Singapore, Japan, Scotland and the United States. 

“We want to educate people, especially children, on what it's like here. 

“When they see the rotan and the video of a prisoner being caned, they get scared.  

“Hopefully, the visits will be educational and deter people from committing crimes,” he added. 

The entrance fee is RM5 for adults, RM1 for students in school uniform, and RM2 for children aged between seven and 17. There is a RM2 fee for cameras. 

It is open daily from 8am to 5pm. For further enquiries, call 07-226 4536.  

1995-2005 Star Publications (Malaysia) Bhd (Co No 10894-D)




Corpun file 16637

masthead
Daily Express, Kota Kinabalu, 20 September 2005

Brother and sister jailed for having sex

Kota Kinabalu: A 25-year-old local carpenter and his sister, who is two years younger, were each jailed six years for incest, by the Sessions Court, here, Monday.

The closely-guarded secret of the birth of a baby girl 10 months earlier was exposed by their 27-year-old elder sister.

When hauled to the court on July 11, this year, both siblings admitted committing the offence at a workers' quarters in Menggatal. They were arrested following a police report lodged by the elder sister.

Judge Ravinthran Paramaguru also ordered the carpenter to be given two strokes of the cane.

In mitigation, the siblings requested for lenient sentence saying they felt remorse over their behaviour.

The carpenter said he needed to work to support his adoptive father who has two children, while the sister said she had to look after her year-old daughter. Before passing sentence, Ravinthran told them that the court had considered their mitigating factors, but stressed that as siblings had committed a serious and despicable offence.

The siblings were separately charged under Section 376B of the Penal Code, which carries a jail term of between six and 20 years, plus whipping upon conviction.

In her report, the sister said she went to the siblings abode in Menggatal, on June 12, to look for a job and borrow money and was shocked to find a 10-month-old girl in the house.

The sister then asked about the baby, but the duo could not give a reasonable answer.

The siblings' behaviour made her suspect that the baby could be theirs, as they had been staying together at the quarters since 2003.

The duo later admitted to having sexual liaisons resulting in the birth on Sept. 3, 2004. ASP Mohd Asmadi Yusoff earlier tendered a DNA report during the hearing, confirming that the carpenter is the biological father of the child.

Copyright Daily Express, Sabah, Malaysia




Corpun file 16677

masthead
New Straits Times, Kuala Lumpur, 23 September 2005

Jail, rotan for robbers

Br Brenda Lim

IPOH, Sept 22: For committing armed robbery against a 25-year-old teacher in Bercham last month, two men were sentenced by the magistrate's court today to five years’ jail and ordered to be given eight strokes of the rotan.

Char koay teow seller Mahathir Azhar Mohd Khairy, 23, of Batu Kurau, and unemployed Mohd Riezairil Mohd, 29, of Subang Perdana, pleaded guilty to using a meat cleaver to rob the teacher of her Proton Gen.2, a DVD player, two handphones, a wallet and a credit card.

They committed the offence with two others at Taman Ipoh Baru at 1pm on Aug 24.

"Both accused should pay for what they have done," said magistrate Teoh Chin Chong.

He said that dissatisfied with robbing the victim of her car, ATM card and cash, they took her to a RHB bank in Ipoh Garden to withdraw another RM1,000 and even took her back to her house to rob her of a laptop, a DVD player and jewellery.

OFF TO JAIL: Mahathir (left) and Riezairil outside the courtroom after sentencing.

Then they took her to another bank, a HSBC branch in Old Town, Ipoh, and tried to withdraw money from the automated teller machine but were unsuccessful.

"The two accused, together with two others, then took her to Kundang Jaya industrial area and committed another serious crime against her.

"All this proves how notorious and greedy they were, as if they are unafraid and disrespectful of the country's laws," he said, adding that they terrorised the victim and left her traumatised.

"The court verily believes that no one in our society will forgive them."

Members of the public have the right to move freely and live in peace and safety, he said, observing that the actions of the two men brought fear and anxiety to the public, especially women.

Public interest should override their admission of guilt, he said, and their sentence should be a lesson to them as well as to deter others from committing such crimes.

Sentence begins from their date of arrest on Sept 5

Mahathir, who asked to be sent to the Sungai Buloh jail, admitted two previous convictions for possessing drugs and stolen goods.

Riezairil wanted to be sent to the Kajang jail.

The two were, however, ordered to serve their sentences in Tapah.

Chief Inspector V. Nagalingam, prosecuting, called for a deterrent sentence as the victim suffered "unimaginable trauma" which she would remember for life.

He said the other two men involved in the crime would be charged either in Rawang or Ipoh.

The four men, who were in a Perodua Kancil, approached the victim when she was driving towards her home about 1pm on Aug 24.

Three of them threatened her with a meat cleaver and entered her car, while another drove the Kancil.

After taking her ATM card and RM60, and forcing her to reveal her PIN number for a RM1,000 withdrawal at an ATM in Ipoh Garden, they took her home for more valuables and also to a second bank for another withdrawal.

The ATM card was retained by the bank due to an incorrect PIN number, and the victim was then taken to the Simpang Pulai old road where she was forced to get into the Kancil with two men, while the two other men got into her car.

At the Kundang Jaya industrial area, the two men raped her in the Kancil and left her there.

Those convicted of daytime armed robbery are liable to whipping and a maximum 10 years’ jail, but magistrates are only empowered to sentence up to five years’ jail.

Copyright 2004 NST Online. All rights reserved.



blob Another picture of the two offenders, taken from "Two plead guilty to robbing teacher", The Star, Kuala Lumpur, 23 September 2005 (corpun file 16678):

SENTENCED: Mahathir Ashar (left) and Mohd Riezairil trying to shield their faces from press photographers as they were led out of the magistrate's court in Ipoh.



Corpun file 16679

masthead
Daily Express, Kota Kinabalu, 24 September 2005

14 years, 10 strokes for raping daughter

Kota Kinabalu: A 41-year old Papar farmer was jailed 14 years and ordered to be given 10 strokes of the cane after he answered "tatap" ("absolutely", in local dialect) to a charge of raping his eldest daughter.

The man admitted before Sessions Court Judge Ravinthran Paramaguru to incest with his 13-year-old daughter at a house in a village in Papar this year, between Jan and Sept 7, and between 4pm and 10pm.

The charge under Section 376B of the Penal Code provides for a maximum 20 years' jail and 10 strokes of the cane.

According to the facts of case presented by prosecuting officer Chief Insp Dalbir Singh, the man's wife lodged a police report last Sept 13 after chancing upon them in a compromising position.

Investigations revealed the man had had sex with his daughter for about 10 times since forcing her to succumb to him one day while in a drunken state.

[...]

Copyright Daily Express, Sabah, Malaysia




Corpun file 16863

masthead
The Star, Kuala Lumpur, 30 September 2005

Father enraged by teacher-son's crime

By Cecil Fung

PETALING JAYA: Religious teacher Mohd Zaini Sarong, 25, was in the dock to face charges of possession of drugs and a stolen vehicle, but it was his father who took it harder. 

When his son’s case was called at a Sessions Court here yesterday, 57-year-old Sarong Bahrom even threatened a reporter sitting beside him at the public gallery, telling him not to write about it. 

Saya dah lama tak belasah orang (I haven’t beaten up anyone for a long time),” said the retired civil servant to the reporter upon seeing his notebook. 

When the court stood down momentarily, Sarong tried to stop photographers from taking pictures of Mohd Zaini, his eldest son. 

And after Mohd Zaini was jailed six-and-a-half years and ordered to be whipped 10 times, the father was seen outside the courtroom in tears. 

“I spent so much money educating him, and it turned out this way,” Sarong told reporters who tried to console him. 

Mohd Zaini pleaded guilty to having a stolen Proton Wira, 0.24gm of monoacetylmorphine, 0.19gm of heroin and 12.7gm of a mixture of the two drugs three years ago. 

Police detained the ustaz about noon on Nov 25, 2002, at a roadblock along Jalan 1/9 near the PJ Old Town football field.  

1995-2005 Star Publications (Malaysia) Bhd (Co No 10894-D)




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