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MALAYSIA

Judicial CP - March 2006



Corpun file 17468

masthead
The Star, Kuala Lumpur, 1 March 2006

10 years' jail for ex-officer

(extracts)

PENANG: A former Customs Department officer who admitted to a lesser charge of drug possession should not be given any more “discount” by the court, as he is lucky enough to have escaped the gallows.

Deputy Public Prosecutor (DPP) Jamil Aripin said the court should not even show any sympathy towards Aziz Yaman, 39, and instead, should impose a deterrent sentence to reflect the seriousness of the offence.

Aziz yesterday admitted to an alternative charge of possessing 206.4gm of cannabis at a house in Jalan Chain Ferry, Kampung Perlis, Butterworth, at 6.40am on June 11, 2004.

He was originally charged with trafficking in the drugs.

Aziz, represented by Md Yunos Shariff, pleaded guilty to the alternative charge.

Judicial Commissioner Mohd Zabidin Mohd Diah ordered Aziz to be jailed 10 years from the date of his arrest on June 11, 2004 and to be caned 10 times.

According to the facts of the case presented by DPP Jamil, a police narcotics party led by Chief Insp Abdul Razak Osman raided a house in Kampung Perlis and found Aziz at the entrance.

When C/Insp Abdul Razak asked whether Aziz kept any prohibited items inside the house, he led the police party to a room where he took out a plastic packet containing six smaller packets of dried leaves believed to be cannabis from the pocket of a shirt hanging on a wall in the room.

[...]

DPP Jamil said public interest demanded that a deterrent sentence be imposed on drug offenders.

“Being a Customs officer at the time of the offence, the accused should realise how drugs could cripple a nation. 

“Instead, he chose to get involved. He should, therefore, be prepared to face the consequences,” he said. 

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



Corpun file 17467

masthead
The Star, Kuala Lumpur, 7 March 2006

21 years for death of foetus, stabbing

KUCHING: A noodle seller was jailed 21 years for stabbing his pregnant sister-in-law and causing the death of her unborn baby two years ago.

Kassim: Had stabbed his sister-in-law with a pair of scissors
Sessions judge Yew Jen Kie sentenced Abdul Kassim Idris, 39, to 15 years' jail and three strokes of the cane for the first offence and to six years' jail for the second.

She ordered the sentences to run consecutively from the date of sentencing yesterday.

On Feb 22, Kassim was convicted of stabbing 21-year-old Masni Sapong with a pair of scissors near the junction of Jalan Kampung Selang and Jalan Matang here on May 25, 2004.

Masni, the sister of Kassim's wife Hatiah, was seven months pregnant at the time.

Yew said she did not find any extenuating circumstances to allow a bond of good behaviour or a lighter sentence. 

“The accused had perpetrated a cold-blooded and merciless attack on the victim, which resulted in the loss of life of an innocent unborn baby as well as put the victim's life at risk,” she said.

She added that the tough sentence should serve to punish the accused and as a warning and to deter potential offenders.

Counsel Anthony Tai applied for a stay of execution in view of the severity of the sentence. The application was denied. 

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



Corpun file 17454

masthead
Malay Mail, Kuala Lumpur, 8 March 2006

Defence counsel miffed by interruption

By Rita Jong

SHAH ALAM, March 8: A High Court judge jailed an Indonesian man on a drug possession charge yesterday, but not before exchanging cross words with defence counsel Ram Karpal Singh.

Datuk Heliliah Mohd Yusof sentenced Muhammad Ismail, 27, to nine years' jail and 10 strokes of the rotan for the offence committed three years ago.

The exchange was not over the verdict, but on what Ram had told Heliliah while mitigating for his client.

Ram had earlier asked for a lighter sentence for Muhammad who pleaded guilty to possessing 421 grammes of cannabis in 2003.

He said Muhammad was a young offender, and had entered the country in 1998, through legal channels to seek work to support his mother and three younger siblings in Aceh.

And, as he stood up to reply to DPP Wan Shaharuddin Wan Ladin's submissions in pressing for a deterrent sentence, Ram was cut short by Heliliah, who wanted to know why his client committed the offence.

Heliliah: You (Muhammad) are very lucky. You have parents who are still alive, and siblings who look up to you. You came to Malaysia hoping to make a better living and our country needs skilled workers. However, I do not understand why you became involved in drug activities.

Muhammad: I was not aware of the drugs.

Heliliah: Let me remind you that you have pleaded guilty to the charge and admitted to the facts of the case.

It was at this juncture that Ram, who was still mitigating, interjected, claiming the judge seemed to be delivering her sentence without considering principles of law, as he had not finished replying to the prosecution's case laws which were presented in court.

Heliliah: I have considered the mitigating factors and principles of law. But as a judge, I am also human. I am not here to give lectures, but I have the right to advise and know why Muhammad had committed the offence.




Corpun file 17494

masthead
Malay Mail, Kuala Lumpur, 16 March 2006

Habitual offender unfazed by 13-year jail term

KUALA LUMPUR, March 16: Mohd Zailani Makhtar, a 44-year-old father of four, displayed no emotion when he was sentenced to 13 years' jail and 10 strokes of the rotan for dadah possession yesterday.

He did not seem perturbed as he has been in and out of jail three times before for the same offence.

The second-hand goods trader from Kelantan yesterday pleaded guilty to four alternative charges of possessing 288 grammes of cannabis, 0.77grammes of methamphetamine, a mixture of heroin and monoacetylmorphines weighing 0.27grammes and 0.03 grammes of ketamine.

He was caught with the substances near the Pantai Dalam Komuter station about noon on Jan 28, 2003.

In passing sentence, judge Datuk Abdull Hamid Embong said: “You are lucky that the prosecution has amended the charges or you would have been sent to the gallows. It is the court's duty to protect the public from being victims of drug abuse. People like you should be banished from society.”

Abdull Hamid sentenced the accused to 11 years' jail from the date of arrest and ordered him to be whipped 10 times for possessing cannabis, and two years each for the other three offences.

The two-year jail terms are to run concurrently after the first 11 years are served.

Earlier, his counsel Hazman Ahmad pleaded for leniency as the accused had saved the court's time by pleading guilty.

He also asked the court to mete a concurrent sentence for all four charges from the date of arrest.

DPP Shamsul Sulaiman, on the other hand, urged the court for a stiff sentence as Mohd Zailani was found with four different drugs.

“He also has three previous convictions for heroin possession between 1992 and 2000,” he said.




Corpun file 17472

masthead
Borneo Bulletin, Brunei, 17 March 2006

Housebreakers get jail and caning

By Marie Sitong


Yap (front) and Entering disembarking from a police vehicle to serve their prison terms.
BINTULU - Two men convicted of two counts of housebreaking and disposing of stolen goods respectively were each penalised with prison terms by the Magistrate's Court here on Wednesday.

Yap Chung Ling, 37, of Rumah Setinggan, Kampung Jabai, Tanjong Batu here was sentenced to two years' jail after pleading guilty to committing housebreaking by stealing three sets of computer, one unit of laminator, one grass cutter, three units of air-conditioners and one roll of nylon rope with a total worth of RM19,171 from the office of Marine Department at 1am on February 20 this year.

Magistrate Afidah Abdul Rahman sentenced him to another two years' jail and ordered him to be whipped with two strokes of rotan after Yap pleaded guilty to second charge of theft by housebreaking to stealing three sets of desktop computers, two keyboards and three units of CPUs worth RM6,800 from an office at Bintulu Chinese Chamber of Commerce and Industry Building at Jalan Tanjong Batu at 12 midnight on February 23.

Afidah ordered the prison term to run consecutively with effect from the date when Yap was arrested by police on March 2.

In the same court, Yap's accomplice Entering anak Ambau, 46, pleaded guilty to two counts of assisting in the disposal of stolen items related to the crimes committed by Yap.

Afidah ordered Entering to be jailed one year each of the two charges.

The prison term was to run consecutively to one another.

Copyright © 2006 Brunei Press Sdn Bhd. All right reserved.




Corpun file 17515

masthead
Malay Mail, Kuala Lumpur, 21 March 2006

Couple jailed for drug possession

ALOR STAR, KEDAH, March 21: The High Court here yesterday sentenced a labourer to seven years' jail and 10 strokes of the rotan and his wife to six years' jail after they pleaded guilty to possessing 257.85gms of cannabis.

S. Muniandy, 43, and S. Saraswathy, 38, are to serve the sentence from the day they were arrested on May 25, 2003.

They were initially charged with trafficking that carries the mandatory death penalty but the prosecution later amended the charge to mere possession.

The police found the drugs at the couple's house in Taman Berjaya Baru, Sungai Petani during a raid at 1.30 am.

When arrested, Saraswathy was five months pregnant. She gave birth to a baby boy while in custody. The couple have another child, aged 11 years, who is now under the care of the Social Welfare Department in Malacca.

Their two-and-a-half-year-old boy was with them in the dock.

Judicial Commissioner Datuk Mohd Sofian Abdul Razak said the court sympathised with the couple's children but at the same time viewed seriously the offence involving drugs and had to take public interest into account in sentencing.

"You are lucky because the public prosecutor had amended the charge but I want you to promise not to repeat the offence; I do not want to see you in court again," he said.

Counsel C. Shanmugaiah represented the accused while the prosecution was conducted by Deputy Public Prosecutor Nurhafizah Azizan.




Corpun file 17516

masthead
The Star, Kuala Lumpur, 21 March 2006

30 years for raping sister

MUAR: One brother blamed it on pressure felt after his father's death, the other claimed to be stimulated by pornographic videos.  

For raping their 17-year-old sister, the two brothers, aged 19 and 23, will now spend the next 30 years behind bars and will also receive 16 strokes of the rotan each.  

Yesterday, Sessions Court Judge Mohd Fauzi Nassir sentenced the younger brother, who pleaded guilty to two charges of raping his sister at their house in Jalan Abdul Rahman here between May 2005 and Feb 14 this year, to 15 years' jail and eight strokes of the rotan on each charge. He ordered the sentences to run consecutively from yesterday. 

After the sentences were passed, the youth's mother, who was inside the courtroom, broke down and cried. 

Earlier, the accused told the court that he raped his sister because he was under pressure following his father's death in May last year. 

Prosecuting officer Asst Supt Lim Ah Bah, in his submission, asked the court to a pass deterrent sentence as the accused had not only raped his sister several times but also used violence.  

Judge Mohd Fauzi told the accused he had created a greater problem in raping his sister.  

On March 7, the court had meted out a similar sentence on the elder brother, who also pleaded guilty to the same offence, claiming he was stimulated after watching pornographic videos.  

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




Corpun file 17584

masthead
The Star, Kuala Lumpur, 31 March 2006

Man gets jail and rotan for having drug

PENANG: An unemployed man was jailed 12 years and ordered to be whipped 10 times by a High Court here for possessing 1,929gm of cannabis. 

Mohd Zaki Ismail, 30, pleaded guilty to an alternative charge of possessing the drug in his car on Jalan Kampung Gajah, Butterworth, on Nov 5, 2000. 

He was originally charged with trafficking in the drug. 

According to the facts of the case presented by DPP Jamil Aripin, Mohd Zaki, who was driving a Proton Satria from Butterworth towards Kepala Batas that day, made a U-turn on seeing a police roadblock at Jalan Kampung Kastam. 

Three policemen gave chase on their motorcycles and Mohd Zaki was cornered at a dead end. 

On searching the car, the policemen found two compressed slabs of cannabis on the floorboard behind the driver's seat. 

Judicial Commissioner Mohd Zabidin Mohd Diah ordered Mohd Zaki to serve his jail sentence from the day of his arrest.  

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




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