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MALAYSIA
Judicial CP - October 2005

The Star, Kuala Lumpur, 4 October 2005

16 years' jail and rotan for having cannabis

PENANG: A former coffeeshop assistant was jailed 16 years and ordered to be caned 10 times by a High Court here for possessing 455gm of cannabis.

Judicial Commissioner Mohd Zabidin Mohd Diah ordered that Abdul Halim Che Lee, 28, be jailed effective from the date of his arrest on July 11, 2001.

Abdul Halim, represented by R.S.N.Rayer, was found guilty of possessing the cannabis at a house in Mukim Sungai Burung, Balik Pulau, on July 11.

He was originally charged with trafficking in the drug but the charge was reduced to possession at the close of the prosecution's case on Aug 1.

The court held that the defence failed to raise a reasonable doubt to the prosecution's case.

In mitigation, Rayer said the accused was a young offender and had been in remand since his arrest four years ago.

DPP Azhar Mokthar pressed for a deterrent sentence.

Corpun file 16780

Daily Express, Kota Kinabalu, 7 October 2005

12 years, six strokes for raping girl, 12

Kota Kinabalu: A 27-year-old married lorry driver who raped a 12-year-old was jailed 12 years and ordered to be given six strokes of the cane Thursday.

Sessions Court Judge Ravinthran Paramaguru meted out the sentence on Ali Aras, a Bajau Filipino to run from the date of his arrest on Sept 28, 2004 after he changed his plea to guilty.

He had initially claimed trial on March 3 this year to committing the offence at the Pilipikan Plantation workers' quarters in Kota Marudu about noon on Aug 28, 2004.

According to the facts presented by prosecuting officer ASP Mohd Asmadi Yusoff, Ali entered the girl's room while she was alone and forced a towel to her mouth to stifle her cries.

The victim later reported the incident to her aunt who helped her lodge a police report.

[...]

Corpun file 16777

New Straits Times, Kuala Lumpur, 7 October 2005

Nine years' jail for drug offence, two plead guilty to possession

By Brenda Lim

IPOH, PERAK, Thurs.: Two men were sentenced to nine years’ jail and 10 strokes of rotan for possessing cannabis.

K. Rajkumar, 25, a machine operator, and B. Parthiban, 28, a shop attendant, both pleaded guilty to an alternative charge of possessing 956gm of cannabis.

They were originally charged with trafficking the cannabis in front of Tokong China, Chee Chee Poh, in Chemor at 5.15pm on May 15, 2002. Trafficking carries a death penalty.

In mitigation, Rajkumar's counsel T. Ellanggovan said his client was the only son and was supporting his ailing parents and siblings, the youngest being a seven-year-old girl, on a monthly salary of RM800.

He said his client’s father was depressed and had tried to commit suicide, and was even recently warded for mental problems.

"My client is sorry for mixing with bad company. If given an opportunity, he will change his life," he said.

Counsel Dev Kumaraendran, for Parthiban, said his client was a first offender who was naive.

On the jail sentence, he said: "There is a danger of further alienating him from normal society and placing him in a prison does more harm than good".

He said his client had been in jail for three years, was remorseful and regretted mixing with bad company.

High Court judge V.T. Singham replied: "There are only two of them. Which is the bad company?"

Corpun file 16776

Malay Mail, Kuala Lumpur, 7 October 2005

Lemang seller gets 15 years for raping minor

SHAH ALAM, SELANGOR, Oct 7: "Your victim is traumatised and her future is now bleak.

"Since you are daring enough to commit rape, you should be man enough to accept the consequences of your action."

Sessions judge Azimah Omar said this to lemang seller Alias Dahari, 22, before sentencing him to 15 years’ jail and two strokes of the rotan for raping a 15-year-old in 2003.

She ordered the jail sentence to start from Feb 14, last year - the date of his arrest.

Alias pleaded guilty to raping the girl on Sept 20, while walking her home at Batu 11 in Gombak.

Based on the facts of the case, the accused was walking the girl home and when they reached a dark and secluded area, he pushed her to the ground, held a knife to her neck and raped her.

Corpun file 16872

Daily Express, Kota Kinabalu, 25 October 2005

60 convicts are caned every week

Kota Kinabalu: About 60 prisoners are caned every week in the State, according to State Prisons Director Jamaludin bin Saad. Most are given one or two strokes for committing offences under the Immigration Act.

"I don't have the exact figure but what I can tell you is that about 60 inmates would be whipped in a week.

"Most are foreigners or illegals who violated the Immigration Act. Once they have served the jail sentence, they would be sent to the detention centres either in Menggatal, Tawau and Sandakan for deportation," he said.

The three detention centres are managed by the Federal Special Task Force but the security aspect is handled by the Prisons Department. There are a total of 2,319 inmates.

Of this, the one in Menggatal has the highest number of foreign detainees with 1,303 followed by Tawau (535) and Sandakan (481). On the number of prisoners in Sabah, Jamaludin said so far, the total in six prisons stands at 3,093 with 60 per cent (2,121) being foreigners.

Of this 1,397 are Filipinos while 643 are Indonesians and the remainder other nationalities like from Vietnam, China, Thailand and India.

According to him, the two Peruvians - Guitierrez Benites, 60, and Pelaes Rodriguez, 59, who were sentenced three weeks each by the Magistrate's Court on Oct. 13 - have been released after they served their jail term. In addition, of 254 female inmates the central prison has 146, Sandakan (40) and Tawau (68) with 80 per cent of them being foreigners.

Jamaludin said the prisons are still overcrowded but treatment given to all is standard regardless of their nationality, races and religious beliefs.

The department was awarded the ISO 9000 version 2001 quality accreditation for prisoners' management on Oct. 5 this year, along with 18 prison institutions in the peninsula.

"All are given the same treatment whereby we are treating them in accordance to the United Nations Standard Minimum Rule guidelines.

"Once the inmates are placed in the prison, their basic needs like shelter, clothes, food, and medical attention would be given to them under the guidelines," he said.

To another question, he said, 10 inmates are awaiting the death penalty, 21 are imprisoned for their natural life and six are serving life sentences of 20 years.

He said all these inmates are males and they committed felonies like murder, armed robbery, possessing firearms, and drug trafficking, among others.

For the coming Deepavali celebration, Jamaludin said visitors can come and visit their family members who are serving sentences on Nov. 1 and 2 at 8.15am to 4.15pm.

As for Hari Raya, Muslim visitors can visit them on the third and fourth day of Hari Raya at the same time.

Visitors are not allowed to bring food for the inmates to avoid untoward incidents but can buy them at the prisons canteen at affordable prices.

Corpun file 16873

New Straits Times, Kuala Lumpur, 26 October 2005

Jail and rotan for firearms possession

KUALA LUMPUR, Tues.-- A car repossessor was today sentenced by the Sessions Court to 11 years’ jail and six strokes of the rotan for possessing a pistol and bullets.

Zulfikar Mohd Sultan, 28, pleaded guilty to possessing a Walther pistol without a licence at room 1731, 17th floor, Grand Seasons Hotel here about 10.30am on March 10.

He also pleaded guilty to possessing five bullets, four of them live, at the same time and place.

Judge Nursinah Adzmi sentenced Zulfikar to eight years’ jail and six strokes of the rotan for the first offence and three years’ jail for the second offence, the sentences to run consecutively.

On March 26, the Johor Baru Sessions Court sentenced Zulfikar to six years’ jail and six strokes of the rotan for a similar offence. He is serving the term in Kluang prison.

Nursinah ordered the 11-year jail term to begin after Zulfikar completes the six-year term.

The offence under Section 8 of the Firearms (Increased Penalty) Act 1971, carries a 14-year maximum jail term and six strokes of the rotan.

Deputy public prosecutor Kwan Li Sa, in pressing for a deterrent sentence, said public interest had to be taken into account in cases like this.

Meanwhile, at the same court, the trial of two other men who were charged with abetting Zulfikar at the same place and time was fixed from April 17 to 20 next year.

Mohd Radzi Nordin, 44, a car salesman and Mohd Salehudin Alwi, 26, a photographer, pleaded not guilty.

Corpun file 16880

The Star, Kuala Lumpur, 28 October 2005

Jail and rotan for having drugs

By Priscilla Dielenberg

A lorry driver on trial for drug trafficking has been jailed 11 years by a High Court after he admitted to a lesser charge of possessing 46.4gm of heroin and 11.9gm of monoacetylmorphines.

Judicial Commissioner Mohamad Zabidin Mohd Diah yesterday ordered J. Sivaguru, 32, to be jailed 11 years from the date of his arrest on March 15, 2001, and to be whipped 10 times.

Sivaguru was originally to be tried for trafficking in the drugs at Lengkok Tuna in Seberang Jaya, Central Seberang Prai, at 7.30pm on March 15, 2001.

When the prosecution offered him a reduced charge of possession at the outset of the trial on Wednesday, he pleaded guilty.

Drug trafficking under Section 39B of the Dangerous Drugs Act 1952 carries a mandatory death sentence upon conviction, while drug possession under Section 39A(2) carries a jail term of five to 20 years, and not less than 10 strokes of the rotan.

According to facts presented by DPP Azizah Ahmad, Sivaguru threw a package on the ground when he was approached by a narcotics team while seated on his motorcycle.

He tried to escape but was detained after a struggle. The package he threw was examined in his presence.

Defence counsel Dev Kumaraendran said Sivaguru's wife was eight months pregnant when he was arrested.

“The wife had since left him and my client's siblings are taking care of the child and his older child now aged five,” counsel said.

He said Sivaguru had pleaded guilty and had no previous convictions.

“Being whipped 10 times itself is a stigma,” he added.

Sivaguru, who is also represented by counsel Datuk K. Kumaraendran, was all smiles after the sentence was passed.

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