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

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MALAYSIA

Judicial CP - December 2005



Corpun file 17171

masthead
Daily Express, Kota Kinabalu, 9 December 2005

Death row trio, another granted extension of time to appeal

(extracts)

PUTRAJAYA: The Federal Court recently granted three men on death row and one serving life sentence, who were convicted by the Sandakan High Court between 1994 and 1997, an extension of time to file their respective appeals despite their failure to do so within the permitted 14 days.

Justices Datuk Pajan Singh Gill, Datuk Richard Malanjum and Datuk Arifin Zakaria made the decision with DPP Mangai Arkasi Krishnan acting for the Public Prosecutor.

[...]

Ibnu Jalau was convicted on May 20, 1997, and sentenced to life imprisonment plus eight strokes of the cane for armed robbery using a pistol, under Section 4 of the Firearms (Increased Penalty) Act 1971. On Feb 21, 2005 the Court of Appeal rejected his appeal and affirmed his sentence.

The appellants with the assistance of the Sabah Prisons Department wrote to the Federal Court but their application to appeal against the Court of Appeal's decision did not duly reach Putrajaya because of some confusion in the address, but which was later rectified. The Deputy Registrar of the Federal Court subsequently appointed two Sabah lawyers to represent the appellants.

[...]

Copyright Daily Express, Sabah, Malaysia




Corpun file 17152

masthead
The Star, Kuala Lumpur, 17 December 2005

Repeat sex offender lands in jail again

IPOH: He has had 12 convictions of sexual offences, mostly involving underaged girls, since 1991.

Odd-job worker Aris Mohamed, 48, had been sentenced to 30 years (served 15 years) and caned 27 times.

It did not change him.

On Tuesday, he admitted to molesting a 10-year-old girl at a vegetable patch beside the Yamaha factory here on July 8, 2003.

Sessions Court judge Rasidah Chik sentenced Aris to eight years and ordered that he be given six strokes of the rotan.

Rasidah asked Aris what drove him to commit the offences.

When Aris mumbled and failed to provide a clear answer, the judge ticked him off, saying: "However severe the punishment meted on you, I don't think you will change. Maybe the offences will only stop when you breathe your last."

Earlier, Rasidah denied counsel Charan Singh's application that Aris be sent for psychiatric treatment.

But she granted his request that Aris be placed under police observation for two years upon his release from prison.

Deputy Public Prosecutor Muhamad Anas Mahadzir had urged the court not to view Aris as suffering from some kind of mental illness or that he was unaware of his wrongdoings.

He was sure that Aris had been given all kinds of counselling while in jail to help him turn over a new leaf.

"But after so many years in prison, he doesn't seem to show any remorse," he said.

He added that the court should take into account public interest, as all the underaged victims and their families had been traumatised by Aris' actions.

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




Corpun file 17175

masthead
New Straits Times, Kuala Lumpur, 20 December 2005

NS trainer jailed for rape

By Ajitpal Singh

KUALA TERENGGANU, Mon. -- When news broke that a National Service trainee had been raped by a trainer last year, it could not have come at a worse time for the Government.

They were facing what seemed like endless teething problems and had a difficult time selling the three-month stint to parents.

Today, Corporal Zuki Mohd, 30, paid a stiff price for putting the 18-year-old victim through the traumatic experience. The court also took into account the fact that his action had cast the NS programme into disrepute at a difficult time.

Zuki was sentenced to 12 years' jail and ordered to be given three strokes of the rotan by Sessions Court judge Ahmad Zaidi Ibrahim.

Zuki shook his head in disbelief when the sentence was passed, while his parents had trouble controlling their emotions.

In handing down the sentence, Ahmad Zaidi said: "Zuki was given the trust to provide protection and to guide trainees during the NS programme. Instead he raped a girl.

"This incident occurred when parents were quite reluctant to send their children for NS. Their main concern was the safety of their children.

"The accused committed a serious crime that has caused discomfort among the people, and taking all these factors into consideration, a heavy sentence must be imposed."

During the trial, the court heard that Zuki, who was a physical instructor at a NS camp in Setiu, committed the offence at the Rhu Tapai agro-industrial estate in Marang between 7.28pm and 9.30pm on Feb 28 last year.

Ahmad Zaidi said he was satisfied with the evidence provided by 17 prosecution witnesses.

"The witnesses gave detailed accounts on three crucial elements needed in this case. The elements are the date, time and place of the rape, whether there was penetration and whether it was consensual or forced," he said.

"The defence, which called three witnesses, including the accused, failed to raise any doubt about the incident."

Defence counsel Mat Yusoff Mohamad appealed unsuccessfully to the court to allow Zuki a stay of execution so that an appeal could be filed with the High Court.

Copyright 2004 NST Online. All rights reserved.



Zuki Mohd at earlier hearing blob Kpl Zuki Mohd at his original hearing -- picture from The Star, 16 December 2004

Zuki Mohd at second hearing blob Kpl Zuki Mohd at a second hearing - picture from The Star, 6 April 2005




Corpun file 17177

masthead
New Straits Times, Kuala Lumpur, 20 December 2005

Shop assistant gets five years for armed robbery

KUALA LUMPUR, Mon. A 21-year-old shop assistant was sentenced to five years' jail and two strokes of the rotan for the armed robbery of an Indonesian.

Mohd Zamri Che Yusoff, of Kampung Kubang Terap, Pasir Mas, was charged with robbing Suyoto Sukro, 18, of RM1,000 while armed with a knife in Jalan Tun Tan Cheng Lock about 9.15pm on Oct 20.

He pleaded guilty to committing the offence with another person still at large. He was not represented.

The victim and his friends were walking along the road when two men tried to snatch his handphone and his wallet.

Zamri pulled out a knife and cut Suyoto on the cheek and forehead.

They then ran, but Suyoto and his friends, and policemen who were alerted, gave chase and caught Zamri.

In mitigation, Zamri said his father had passed away and he had to support his family on a monthly income of RM800.

"I send RM200 to RM300 a month to support my mother and four siblings. I did it because I was desperate for money as Hari Raya was approaching," he said.

Zamri had one previous conviction for possession of heroin.

Copyright 2004 NST Online. All rights reserved.




Corpun file 17229

masthead
The Star, Kuala Lumpur, 21 December 2005

Labourer jailed 30 years for rape

KUANTAN: A labourer was jailed a total of 30 years and ordered to be given nine strokes of the cane for raping a 15-year-old girl thrice last month.

Mohd Faku Radzi Abdul Razak, 25, of Felda Bukit Sagu, pleaded guilty to the charges before Sessions Court judge Mariana Yahya yesterday.

He was sentenced to nine years' jail on the first charge, 10 on the second and 11 on the third. The sentences are to run concurrently. 

Mohd Faku Radzi was also ordered to be whipped three times for each offence.

The accused first committed the offence between midnight on Nov 5 and 12.15am on Nov 6 at the Bukit Sagu 2 water plant. 

He raped the girl again between 8.30pm on Nov 6 and 6.30am the following day at a guardhouse in SK Bukit Sagu 2.

Mohd Faku Radzi also admitted to raping the girl between 9pm on Nov 7 and 6.30am the next day in a house in Felda Bukit Sagu 2.

In mitigation, Mohd Faku Radzi, who was unrepresented, pleaded for a lenient sentence.

Prosecuting officer Chief Inspector Soh Tong Pon pressed for a deterrent sentence as the accused had committed a serious offence.

"Although the accused has saved the court's time by pleading guilty, an appropriate sentence must be meted out to serve as a lesson to him and to others," he said. 

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




Corpun file 17190

masthead
The Star, Kuala Lumpur, 22 December 2005

Wife freed, but husband gets jail

By Marsha Tan

JOHOR BARU: A woman charged with drug possession was freed by a High Court here, but her husband who was jointly charged, was not as lucky and was sentenced to 14 years jail and 10 strokes of the cane.

When Judge Datuk Azhar Mohamad delivered Che Yam Mat Rashid's sentence, the housewife hugged her husband Nik Pa Zakaria and family members who attended the proceedings.

Nik Pa: Gets 14 years in jail and 10 strokes of the cane

Tears of joy could also be seen in her eyes.

However, the joy came to a quick end when Nik Pa's sentence was read out.

The contract worker remained calm but bowed his head while Che Yam broke down.

Nik Pa, 41, and Che Yam, 35, were charged in April 2001 under Section 39A (2) of the Dangerous Drugs Act 1952 for possessing 1,087.29 grams of cannabis in their house in Pengkalan Rinting in Tampoi.

Delivering his judgment on Che Yam, Azhar said the prosecution had failed to prove beyond reasonable doubt that she had knowledge of the drugs in the house.

He added that the court could not accept certain facts presented by the prosecution.

For Nik Pa, Azhar said the court found beyond reasonable doubt that the drugs found in the house belonged to him.

He said the sentence served as both a punishment and a deterrent for future incidents.

"I hope the accused will repent and not repeat the offence. If he repeats it, a heavier punishment will be meted out," he said.

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




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