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Judicial CP - May 2011

Corpun file 23321


The Borneo Post, Kuching, 19 May 2011

Medicine man gets 42 years and whipping for rape

KOTA KINABALU: A local medicine man was yesterday jailed for a total of 42 years by the Sessions Court here for raping a teenage girl thrice four years ago.

Judge Caroline Bee Majanil also ordered 31-year-old Awangku Shukur Pg Ismail to be given 10 strokes of rotan.

In her reserved decision, Majanil held that the prosecution had proven its case beyond reasonable doubt.

Awangku Shukur was found guilty of the three charges framed under Section 376 (c) of the Penal Code, punishable under Section 376 of the same Code.

The indictment provides for a jail term of between five and 20 years and whipping, upon conviction.

The accused who was defended by counsel Ram Singh had raped an 18-year-old girl on three occasions in June 2007 at 6pm, 3pm and 9am respectively inside a room of an unnumbered house in a village in Kuala Penyu.

On the first count, he was sentenced to 12 years' jail and ordered to be whipped thrice.

For the second charge, he received another 14 years' jail and three strokes of the cane, while for the third charge he was jailed for 16 years and received four whippings.

Majanil had on Nov 4, 2010, issued an order to arrest Awangku Shukur after he did not turn up to the court when the former was supposedto have delivered her judgement.

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However, on May 10 this year, police personnel had located Awangku Shukur who was serving his 18 months' jail and three strokes of the cane for two counts of cheating at the prison in Limbang.

In pleading for a lenient sentence yesterday, counsel Ram Singh informed the court that the accused is a family man who has two children and two wives to support.

Ram Singh also said that when he asked his client why the latter was absent during the several court proceedings, Awangku Shukur answered that the police personnel had never informed him (Awangku Shukur) that there was a warrant of arrest issued against him.

Ram Singh also submitted that according to Awangku Shukur, he is due to be released on Oct 7 this year, adding that he was also sentenced before another Sessions Court here for a similar offence and had received a sentence of 11 years' jail and three strokes of the cane.

The counsel then submitted that the court should look into the facts and evidence and not to be prejudiced by the sentences passed prior to this case as Awangku Shukur had claimed that the sexual intercourse was consensualand had regretted what he had done.

Ram added that the accused intended to turn a new leaf after his release from prison.

In passing sentence, the court ordered all the jail sentences to run concurrently but consecutively with his jail sentence at the prison in Limbang.

In rebuttal, deputy public prosecutor Afzan Abd Kahar told the court that the accused should not put the blame on the police for failing to inform him of the warrant of arrest.

"In fact, Awangku Shukur is the one who should be accountable to the bail conditions and should come to court," said Afzan who had also strongly objected to the mitigating factor raised by the accused that the sexual intercourse was consensual.

"That is not 'suka sama suka' (consensual), the victim was raped by the accused after she was put in fear of hurt which might have been caused upon her brother."

Afzan further questioned Awangku Shukur wanting to turn over a new leaf.

"But what about the victim's life?" he asked.

Copyright 2010-2011 BorneoPost Online. All Rights Reserved.

Corpun file 23323


The Borneo Post, Kuching, 19 May 2011

Drug possession: Gardener gets 10-year jail and 10 strokes

SHAH ALAM: A gardener was yesterday sentenced by the High Court here to 10 years' jail and ordered to be given 10 strokes of the rotan for drug possession, about two years ago.

Judge Datuk Abd Rahim Uda meted out the sentence on Fazizol Mohd Razali, 25, when he pleaded guilty to an alternative charge of possessing 216gm of ganja.

The offence was committed at a parking lot of the Seri Sementa flats in Kapar, Klang at 10.45pm on Feb 21, 2009.

The alternative charge under Section 6 of the Dangerous Drugs Act 1952, provides a maximum jail term of 30 years and a minimum of 10 strokes of the rotan.

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Fazizol had initially pleaded not guilty to drug trafficking under Section 39B(2) of the same Act, which carries the mandatory death penalty upon conviction.

In the same proceeding, Abd Rahim freed Fazizol's friend, Modh Zuhaili Husen, 30, of the same charge.

Mohd Zuhaili was seen crying and hugging Fazizol after the judge delivered the verdict. -- BERNAMA

Corpun file 23322


The Borneo Post, Kuching, 31 May 2011

Postman gets life, rotan for cannabis offence

By Anasathia Jenis

KUCHING: The Sessions Court here yesterday sentenced a 23-year-old postman to life imprisonment and 12 strokes of the rotan for planting cannabis trees in his house last year.

The accused Zubairi Ismail from Kampung Gersik was also guilty of possessing 2.17g cannabis, for which he was sentenced to 12 months' imprisonment.

Judge Nixon Kennedy Kumbong meted the sentence after hearing his mitigation and ordered the jail sentenced to run consecutively.

Under Section 6(3) of the Drugs Act, the life imprisonment sentence is equivalent to 30 years' jail.

He was given the maximum penalty for the first offence which comes under Section 6B(1)(a) of the Dangerous Drugs Act (DDA) 1952.

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He was charged under Section 6 of the same drug act for the second offence.

The cannabis tree was found inside his room together with the 2.17g cannabis in his trouser pocket.

The offence was committed at 3.30pm on July 21 last year.

In his mitigation submitted through defence counsel Francis Wee, the accused begged for a lenient sentence due to family hardship.

However when meting out the sentence, Nixon said hardship was not acceptable, so a deterrent sentence had to be imposed for such an offence.

"By his age, he is mature enough to understand the consequences of possessing any drug," he said.

Zubairi appeared calm but his mother wept when the judgement was delivered.

His counsel's application for Zubairi's stay of execution was rejected by DPP Poh Yoh Tinn.

Copyright 2010-2011 BorneoPost Online. All Rights Reserved.

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