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Judicial CP - November 1996

Corpun file 0406 at


The Star, Kuala Lumpur, 2 November 1996

Rapist dad earns judge's ire, gets 15 years' jail

By Hong Boon How

TAIPING: A Sessions Court judge described a security guard found guilty of raping his 12-year-old daughter as "worse than an animal."

Sentencing Latib Ismail to 15 years' jail and 15 strokes of the rotan yesterday, Judge Harmindar Singh Dhaliwal said:

"To describe you as an animal would not be accurate because you are worse than that."

Latib, 40, was found guilty of raping his daughter on three occasions at their house in Kampung Bukit Jana Tambahan here in 1992.

Harmindar Singh said Latib had betrayed his daughter's trust.

He said the court was duty-bound to mete out a severe sentence to reflect the severity of the offence and serve as a deterrent to others.

"Although the court is not bound by public opinion, the public's interest has to be taken into consideration and protected," he said.

The judge said Latib had failed to cast reasonable doubt on the prosecution's case.

He said Latib's denial could not be accepted and that he was unable to refute the evidence given by the victim, the victim's mother and two doctors.

The judge also said the doctors' testimony had proven that the victim's hymen was torn and that Latib was able to have sex.

"The accused had also admitted that he had had an erection when he was with his daughter on two occasions," he said.

Earlier, prosecuting officer ASP Sohan Singh said the girl's future had been destroyed.

"What the accused had done is morally and religiously wrong," he said.

Corpun file 0411 at


The Straits Times, Singapore, 3 November 1996

Ling wants highway stone-throwers to be caned and jailed

KANGAR (Perlis) -- Transport Minister Datuk Seri Dr Ling Liong Sik has proposed that those found guilty of throwing stones along the North-South expressway be caned and jailed for the offence.

Utusan Malaysia yesterday quoted him as saying that such acts of mischief should not be tolerated in the interest of public safety on the expressway.

"Stern punishment should be meted out on the culprits as the authorities have received several reports on such incidents along the highway," he told reporters at a Malaysian Chinese Association function here on Friday.

He was commenting on the incident where businessman Cheah Yoke Weng, 36, lost the sight in his right eye as a result of injuries caused by glass splinters after his car's windscreen was shattered by a stone on the North-South Expressway near Serendah in Perak last month.

Police said that seven teenagers had been arrested in connection with the incident.

Corpun file 0435 at


The Star, Kuala Lumpur, 7 November 1996

Man loses appeal against life term

SEREMBAN: The High Court here has turned down an appeal by a man, convicted of robbery and exhibiting a firearm, against his natural life sentence.

Mr Justice Datuk Mohamed Nor Abdullah said it was not a miscarriage of justice if the defence counsel of the appellant failed to cross-examine a material witness in the trial.

"If recalling the material witness (for cross-examination) was not allowed by the lower court, then it is a miscarriage of justice," he said yesterday.

On Nov 15, 1991, the lower court sentenced A. Konasekaran, 37, to a natural life sentence and to be given 12 strokes of rotan for robbing two men at the junction of Yoon Hin estate in the district of Kuala Pilah with two others.

He was convicted for committing the robbery and exhibiting a Smith and Wesson 357 Magnum during the robbery.

Mr Justice Mohamed Nor said the failure of the defence counsel to challenge certain testimonies from being admitted as evidence could not be seen as "justice denied to the accused."

"I realise this is a serious case and the defence counsel should not have abandoned the appellant before the case was over," he said.

However, after the defence counsel discharged himself before the end of the trial, Konasekaran had six months to look for another one.

Counsels for the appellant S. Paneerselvam and Paul Krishnaraj submitted that Konasekaran could not look for another lawyer because the offence was not bailable.

They are appealing against the High Court decision and Mr Justice Mohamed Nor allowed the postponement of the 12 strokes of rotan until the appeal is over.

Corpun file 0429 at


Borneo Bulletin, Brunei, 9 November 1996

Businessman jailed for cheating bank of $4 million

[SABAH] Businessman Datuk Yong Tze Khiok, 65, was sentenced to two years' jail by the Sessions Court for cheating Hock Hua Bank of RM7.8 million (B$4.3 million) in Labuan three years ago.

Judge Karim Abdul Jalil also fined Yong RM80,000 on a charge of false entry of records under the Banking and Financial Institutions Act 1989 (Bafia 1989).

Karim also sentenced former HHB officer Lam Tat Min, 47, to three years' jail for cheating United Malayan Banking Corporation of RM7.8 million. He was also fined RM30,000 under the Bafia 1989.

Lam was also ordered to be given four strokes of the rotan.

Yong and Lam had claimed trial but pleaded guilty mid-way through the trial. Both of them were initially charged with eight counts of cheating and another eight charges under the Act.

The offences were committed between Dec 13 and 17, 1993 at the HHB Labuan branch.

The cheating charges each carry a maximum 10 year's jail with whipping and each of the Bafia charges carry a maximum sentence of 10 years and fine not exceeding RM10 million.

Yong was defended by Sugumar Balakrishnan while Lam by Ronny Cham.

Yong's charges were aiding and abetting Lam in cheating HHB by means of the marked cheque system whereby Yong was able to utilise RM7.8 million when there was no money in his account.

On the Bafia charge, Yong had aided and abetted Lam to make false entries in the bank records.

Lam's charges were cheating UMBC by making the bank believe that Yong's HHB cheques were good for payment when in fact no fund was in Yong's account. On the Bafia charge, Lam had made false entries in the bank record.

In passing sentence, Karim said it was clear that Yong was the mastermind and principal actor in the offences.

Meanwhile, Yong's three brothers Ng Fah, Liuk Tin and Tsu Fatt, and his son Bo Zu are also charged with the same eight cheating and eight Bafia charges.

But Deputy Public Prosecutor Salehuddin Saidin, who prosecuted Yong and Lam, indicated to the court that all the charges against Yong's brothers and son would be withdrawn at a hearing fixed for Nov 23.

Corpun file 0478 at


The Star, Kuala Lumpur, 28 November 1996

Ex-welder gets jail, rotan for armed robbery

KUALA LUMPUR: A former welder was jailed eight years and ordered to be given six strokes of the rotan by a Sessions Court here yesterday for committing armed robbery.

Ling Long Chuan, 37, pleaded guilty to robbing RM500, jewellery worth RM5,000, a handphone and a Mercedes Benz car from Lye Yow Fatt at Bandar Baru Sri Petaling here at 7.30am on Oct 28.

Ling was arrested by police at 8.15pm on the same day when he tried to return Lye's car at Jalan Pasar Pudu here.

In mitigation, Ling, who had three previous convictions, pleaded for leniency before judge Zabariah Mohd Yusof, saying that he failed to lead a new life after being released from prison.

DPP Yusaini Amir Abdul Karim said difficulties in life should not be given as excuses to commit crimes and asked for a deterrent sentence.

He told the court that Ling had not repented even when he was given 12 strokes of the rotan for a previous conviction.

Zabariah ordered the jail sentence to start from the day of conviction.

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