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MALAYSIA

Judicial CP - January 2007



Corpun file 18747

masthead

The Star, Kuala Lumpur, 12 January 2007

Jail, rotan for raping virgin

Sentenced to a caning: Muhammad Nor Daud, 35
MUAR: A workshop operator was jailed 16 years and ordered to be whipped 10 times for raping a 22-year-old woman three years ago.

Muhammad Nor Daud, 35, from Parit Bunga, was found guilty of raping the woman after giving her sleeping pills in a house near Sungai Mati between 8pm and 11.30pm on March 14, 2004.

The accused, represented by counsel Hishamudin Aziz and Mohd Dris Wahari, was sentenced by Sessions Judge Norazlan Ahmad.

Hishamudin earlier asked the court to be lenient, saying the accused had not used any force on the victim.

However, Chief Insp K. Balakrisnan pressed for a deterrent sentence, saying that the woman had been a virgin.

The judge however approved an application by the defence for a stay of the sentence pending appeal to the High Court.

Bail was fixed at RM30,000 in two sureties.

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




Corpun file 18743

masthead

New Straits Times, Kuala Lumpur, 17 January 2007

Sex predator gets 40 years' jail, 24 strokes

By A. Hafiz Yatim and Teresa Yong

(extract)

KUALA LUMPUR: Ismail Shah Abdul Wahab is a sex predator who asked his victims for directions before abducting and raping them. He would drive around in his car pretending to ask for directions to the nearest mosque or a religious school.

His victims were young women and schoolgirls. He would persuade his victims to enter the car to show him the way before taking them to his apartment and raping them.

Yesterday, the Sessions Court made sure the 23-year-old paid for his crimes when he was sentenced to 40 years and 10 months jail. Judge Nursinah Adzmi also ordered that he be whipped 24 times in the proceedings which lasted more than two hours at the Sessions Court yesterday.

Nursinah, in passing sentence, said Ismail's actions were disgusting and shameful. "He took advantage of young women and schoolgirls. Despite being married, he used his victims to fulfil his lust and desire. The victims and their families are now faced with long-term trauma as a result of the ordeal," she said.

Nursinah ordered the jail sentence to begin from Aug 9 last year, when his bail was revoked.

Ismail Shah Abdul Wahab's actions were described as disgusting by the judgeIsmail, an antiques dealer, pleaded guilty to three counts of rape, three counts of unnatural sex and one count of unlawful confinement.
He also admitted to the attempted rape of another victim. This was taken into consideration when sentence was passed.

He was charged in the Sessions Court in 2004, 2005 and 2006 with:

• Raping a 24-year-old woman in a room at 5-5-8 Ixora Apartment, Jalan Tun Razak here between 2.30pm and 6.30pm on Dec 9, 2004.
• Forcing the same victim to perform oral sex on him at the same place and time.
• Raping a 16-year-old girl at the same place between 3.15pm and 5pm on Feb 2, 2005.
• He sodomised the girl at the same place and time.
• Raping a 12-year-old girl in a room at 42A-4-4 Bamvilla Condo, Jalan Peria, Taman Maluri, Cheras, about 1.15pm on Aug 3, last year.
• He sodomised the same girl at the same place and time.
• Ismail also admitted to wrongfully confining the same victim at an area between Lembah Jaya, Ampang and Taman Maluri here between 12pm and 4pm on Aug 3, last year.

He attacked the last victim, the 12-year-old girl, while he was out on bail.

The court was told that on several occasions Ismail would order his victims to undress and take photographs of them in the nude.

He was first arrested on Feb 18, 2005, following a police report lodged by the 16-year-old girl.

Ismail had also admitted to attempting to rape a 13-year-old schoolgirl at the Ixora apartment between 1.30pm and 5pm on Dec 27, 2004.

[...]

Copyright 2007 The New Straits Times Press (M) Berhad. All rights reserved.




Corpun file 18721

masthead

New Straits Times, Kuala Lumpur, 17 January 2007

Six of the best for illegal entry

TELUK INTAN: The maximum six strokes of the rotan. That was the punishment meted out by a special Sessions Court on seven Indonesians who entered the country without valid documents. First-time offenders Sahwi, 31, Yusman, 23, Hanafi Aman, 27, Iksan Abubakar, 32, Mohd Tohir Ratnam, 46, Samino Kadir, 31, and Girianto, 25, who pleaded guilty to the offence, were also sentenced to jail terms of between 10 and 14 months each at Tapah prison.

Judge Rashidah Chik concurred with the submission by Perak Immigration Department prosecuting officer Khairul Anwar that the only way to effectively deter them and other foreigners from illegally entering the country was to impose the maximum strokes of the rotan.

Section 6(3) of the Immigration Act 1959/63 provides for either a fine of up to RM10,000 or imprisonment not exceeding five years and whipping of not more than six strokes.

The special court was set at the Langkap Detention Depot near here.

Arrested during "Ops Tegas" last Dec 19 in various parts of the state, Khairul said the seven men had been in the country for between one and two years.

He urged the court to impose the maximum sentence of whipping in view of public interest as well as sovereignty of the laws of the land.

"Parliament amended Section 6(3) in 2002 and made whipping a mandatory punishment. The amendment reflects the seriousness of the problem relating to illegal immigration in Malaysia."

He submitted that no leniency should be shown to the offenders although they pleaded guilty and were first-time offenders.

Four others who stayed in the country illegally for less than a year were given four strokes of the rotan and eight months’ jail.

Copyright 2007 The New Straits Times Press (M) Berhad. All rights reserved.



Fast forward: Detainees at the Langkap Immigration Detention Depot waiting for their cases to be heard outside the newly opened dedicated Sessions Court at the depot in Teluk Intan.
(Picture and caption from The Star, 16 January 2007)



blob Follow-up: 19 January 2007 - 17 Indons given maximum sentence for entering country illegally




Corpun file 18725

masthead

New Straits Times, Kuala Lumpur, 18 January 2007

Taxi driver gets 20 years' jail and rotan for rape

By A. Hafiz Yatim

KUALA LUMPUR: "He should have been doing his job transporting people, but he sowed fear among women." A Sessions Court judge was pronouncing sentence on a taxi driver after he was found guilty of raping a woman twice.

Judge Rosenani Abd Rahman sentenced Abdul Ghani Abdul Karim to 20 years’ jail and ordered that he be given four strokes of the rotan on each of the two counts of rape. The jail sentences will run concurrently from yesterday, and he will receive eight strokes of the rotan.

It's back to prison for Abdul Ghani Karim

Ghani, 31, has spent the last five years in jail for the rape of another woman, for which he was sentenced to 20 years and ordered to be given eight strokes of the rotan in 2004.

Ghani was sentenced yesterday for raping a 22-year-old woman twice in his taxi near Jalan Kuchai Lama on June 13, 2002. The first rape took place at 1.20am. Forty minutes later, he raped her a second time.

In his defence, Ghani claimed he and the woman had consensual sex.

Deputy public prosecutor Yusaini Amer Abdul Karim asked for a stern punishment because the judge could see for herself how traumatised the woman was.

"The victim cried, and at one point rushed out of the court while giving her testimony. And the experience has scarred her for the rest of her life," he said.

Yusaini said Ghani probably planned the rape, and he threatened the woman with a parang. He also said this sentence should not run concurrently with the previous conviction.

In 2004, Ghani was found guilty of raping a woman in her 20s in the back seat of his taxi in Taman Seputeh on Nov 29, 2001.

Yesterday, Ghani’s counsel Amer Hamzah Arshad said there was no evidence he had used a parang. He said the court should bear in mind Ghani was appealing against the first conviction, so it should not be taken into account in the sentencing for this offence.

In her judgment, Rosenani said Ghani had admitted his encounter with the victim in his taxi. Furthermore, the injuries she sustained were consistent with rape. She said the court had to take into account that the accused was a taxi driver and the incident had created a climate of fear.

Ghani just stared blankly when the sentence was meted out.

His mother, who was in court every day during his trial, had no words for him. All she could do was watch as he was led away to Sungai Buloh Prison.

Copyright 2007 The New Straits Times Press (M) Berhad. All rights reserved.




Corpun file 18728

masthead

New Straits Times, Kuala Lumpur, 19 January 2007

17 Indons given maximum sentence for entering country illegally

By Jaspal Singh

Seventeen Indonesians were given the maximum six strokes of the rotan each by the magistrate’s court today for entering the country without valid documents. They were also each sentenced to two weeks in jail after pleading guilty to the offence.

Edi, 28, Damik, 27, Yong, 34, Idol, 23, Yang, 20, Marse, 25, Rauz @ Franz, 20, Perdi, 25, Sius, 20, Tius, 26, Doni, 26, Makse, 21, Martinus, 25, Hila, 28, Fitor, 26, Natan Sifa, 28, and Martinuz @ Marcy, 28, were arrested last Nov 28 during Ops Tegas in the Kampar, Sungai Siput and Perak Tengah districts.

Magistrate Mohd Mazran Mohd Mazlan said the punishment would serve as a reminder to them not to treat the laws of this country lightly.

"I cannot understand why you have to give RM1,500 to RM3,000 to boat skippers to bring you to the shores of this country illegally when there are legal ways of coming here," he said.

"You could have used the same money to pay authorised agencies to bring you here with proper documents. At least you would not be caught for being here illegally even if you were unable to earn enough to send back home," he said, agreeing with Immigration Department prosecuting officer Khairul Anuar's submission that entering the country without valid documents is a serious offence.

Earlier this week, the special Sessions Court at the Langkap Detention Depot, near here, became the first in the country to impose the maximum six strokes of the rotan on seven Indonesians who entered the country illegally.

Copyright 2007 The New Straits Times Press (M) Berhad. All rights reserved.




Corpun file 18882

Borneo Post, Kuching, 26 January 2007

Youth gets 15 years and four strokes of rotan for rape, molest

KUCHING: A 24-year-old youth was yesterday sentenced to a total of 15 years in jail and to be given four strokes of the rotan for molestation and statutory rape.

Suboh Othman, 24, will receive a four-stroke caning
OFF TO JAIL: Suboh (right) hides his face from the camera.

Suboh Othman from Kampung Sejingkat pleaded guilty before Sessions Court Judge Yew Jen Kie who convicted him under Section 354 of the Penal Code and Section 376 of the same Code, respectively.

He was found guilty of molesting a 13-year-old girl at 8 pm on April 9 2005 in an unoccupied house in Sejingkat and raped her at 8 pm on April 14 2005 at a badminton hall also, in Sejingkat.

In the April 9 incident, the girl was on the way to a shop when she met Suboh by the road side, near to the empty house.

Suboh suddenly pulled her hand and dragged her into the house where he molested her.

The girl tried to run away but the accused held her tightly and when she screamed for help, no one heard her.

She returned home in tears but did not inform anybody about the incident out of fear.

On April 14 2005, at 6.30 pm, the girl went to a friend's house to borrow certain books. But on the way home, she met the accused again by the road side.

This time Suboh pulled her by the hands, dragged her to the staircases outside the badminton hall and raped her.

Although the girl screamed for help, nobody heard her at the material time.

At 8.15 pm the accused asked the girl to follow his friend who eventually brought her home.

Upon reaching home, the girl told her mother about the incident.

The mother lodged a police report at the Central Police Station at 10.30 pm on the same day.

On April 15 2005, the Sarawak General Hospital here confirmed that the girl had sustained fresh tear of the hymen apart from suffering bleeding and bruises on her private part.

A chemist report dated July 27 2005 also stated that DNA profiles were successfully developed from seminal stain found on the girl's underwear, track pant and blood specimen including the blood specimen of the accused.

DPP Musli Abdul Hamid prosecuted while the accused was not represented.




Corpun file 18881

Borneo Post, Kuching, 31 January 2007

Indon gets 14 years, 5 strokes for seriously hurting colleague

Foreigner guilty of hurt to co-worker

SIBU: An Indonesian who was a crew member of a ship was yesterday sentenced to 14 years' jail and ordered to be given five strokes of the rotan by the Sessions Court for causing grievous hurt to his colleague.

To be caned: Nuryani, 24
OFF TO JAIL: Nuryani is escorted out of the courthouse to serve his sentence.

Nuryani, 24, from Silirkrombang, Seneporejo pleaded guilty to the charge against him before judge Zamri Ibrahim who ordered him to serve his jail term effective from August 17, 2006, the day when he was arrested.

Nuryani was accused of having grievously knocked his co-worker known only as Kinjun with a piece of iron pipe inside a ship on August 16, 2006 at around 7.30 pm.

He was charged under Section 326 of the Penal Code that provides for a jail term of up to twenty years or fine or canning if found guilty.

According to the facts of the case, while the ship was sailing from Tanjong Manis to Sarikei, three Indonesians including Nuryani were involved in a fight. When they arrived in Sarikei, a complainant who was known as Dayos, claimed that one of the crew members was missing and the scene of the fight was bloody.

The missing member was believed to be Kinjun who thought to have been thrown into the river.

Based on the information, a police party led by P/ASP Abdul Samat have arrested two Indonesians who were known as Nuryani and Darmawan Joniarto. Darmawan was however released after undergoing thorough investigations.

It was established that Nuryani hit his victim on the head with a piece of iron pipe before throwing him overboard.

However, the victim managed to swim to the riverbank and approached local villagers for help. The villagers informed the police and the victim was brought to Sarikei Hospital that referred him to Sibu Hospital.

In his cautioned statement, Nuryani admitted committing the offence but claimed to have done so under the influence of alcohol.

Nuryani pleaded for leniency saying he was married with two children and had to support his ageing parents.

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