Corpun file 11937

The Star, Kuala Lumpur, 11 September 2003

Rapist gets 41 years in prison

By Raphael Wong

AMPANG: A garbage collector was jailed 41 years and ordered to be given 24 strokes of the rotan by the Sessions Court here after he pleaded guilty to three counts of robbing, raping and outraging the modesty of a 27-year-old bank executive last month. 

Judge Nor Afizah Hanum Mokhtar sentenced M. Murugan, 21, to 18 years' in jail and 10 strokes of the rotan for raping the woman, another 18 years' in jail and 10 strokes of the rotan for outraging her modesty, and five years' jail and four strokes of the rotan for robbing the woman of RM60 and a gold ring and cellphone. 

She ordered the three sentences to run consecutively. 

Murugan admitted to committing the offences in the bushes near the Tenaga Nasional Berhad sub-station in Taman Kajang Jaya, Kajang, here, on Aug 12 between 11.30pm and midnight. 

Deputy Public Prosecutor Azizul Shariman Mat Yusoff prosecuted while Murugan was unrepresented. 

The victim was travelling by commuter train to Kajang to visit relatives on Aug 12. 

After alighting at the station, she took a short cut to her relative's house, which was near the Kajang Metro Shopping Complex. 

However, she became unsure of the route and stopped to ask Murugan for directions. 

Murugan agreed to take to help her but as they approached the sub-station, he pushed her into the bushes, where he raped and robbed her.  

Corpun file 12071

Sarawak Tribune, Kuching, 16 September 2003

Convicted rapist jailed 32 years

By Diana Hiu

MIRI - An Indonesian national who pleaded guilty to committing three rape charges on a minor was ordered by the Session Court here yesterday, to a total of 32 years' jail and five strokes of the rottan. Irjuan bin Tahardi (36) from Kalimantan Indonesia was charged under section 376 of the Penal Code for each of the three charges committed separately in early May, mid July and 4 Sept this year.

According to the fact of case read by prosecuting officer, Chief Inspector Ang Seow Aun, a police report was made at 9am on 5 September by the girl's father after she complained of her ordeal to him. Following the report Irjuan was arrested at 12. 20pm on 6 September under section 23(1)(a) of the Criminal Procedure Code. Further investigation revealed that the accused entered the state with valid passport, but had remained in the state after the expiry date.

Irjuan claimed the sexual act with the 12-year-old girl who lived in a hut with her father and two other siblings in Kuala Baram was upon her consent. Her exact age however could not be confirmed initially because her Birth Certificate was taken by her mother who has separated from her father about four months ago. However, through dental examination, the girl was confirmed to be under 14 years old. Judge Azahahari Kamal Ramli sentenced Irjuan 10 years' jail for the first offence, another 10 for the second, 12 years for the third and five strokes of the rottan. The jail term is to run consecutively after taking into consideration the nature of offence. Rape offenders are punishable under section 376 of Penal Code and may be jailed not less than five years and not more than 20 years, and whipping.

Corpun file 12045

Utusan Express, Kuala Lumpur, 30 September 2003

Doctors have the right to refuse to ...

KUALA LUMPUR Sept 30 - Doctors have the right to refuse to certify fitness for corporal punishment, Medico-Legal Society of Malaysia president Datuk Dr Alex Delilkan said Tuesday.

For example, in Penang in 1961, he refused to certify whether a convict who had already received five lashes was fit to receive five more, he told BERNAMA.

"Ethically, I could not do it because it would cause suffering," he said, pointing out that as a doctor his job was to treat and prevent suffering.

At that time, Dr Delilkan was acting on his own principles but he later found out that Article 5 of the Universal Declaration of Human Rights in 1948 and the United Nations General Assembly Resolution 37/194 in 1982 gave doctors the right to refuse to engage actively or passively in the torture of prisoners or detainees or to certify fitness for corporal punishment.

The doctor was speaking after the Society's recent annual scientific meeting.

The two-day conference, "Patients and Doctors: Rights, Duties and Responsibilities", in Kuala Lumpur was attended by doctors and lawyers.

"We hope that through this conference, lawyers will understand what the doctors are facing, especially in critical care situations ...where the patient is in critical condition and something has to be done," he explained.