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Judicial CP - November 2003

Corpun file 12472


Sarawak Tribune, Kuching, 4 November 2003

Convicted rapist gets another 12 years

By Standley Dikod

OFF TO PRISON ... Zulkarnain (white shirt) being escorted out of the court after receiving a jail sentence of twelve years for raping his 11-year-old stepdaughter.

KUCHING – A 40-year-old man was sentenced to 12 years’ jail yesterday after he admitted raping his step-daughter. Last year, he was also given a jail sentence for raping an elder sister of the girl. Zulkarnain Ramle of Kampung Sourabaya Hulu, Petra Jaya pleaded guilty before the Sessions’ Court judge Supang Lian yesterday to the charge of raping his 11-year-old stepdaughter three years ago. On March 6 last year at about 11.30 am while at the children’s ward Sarawak General Hospital (SGH), the victim’s mother was informed by her daughter that she was raped by her stepfather sometime in 2000.

Based on this, she lodged a police report at the Gita police station and the victim was taken to the SGH for a medical examination. The court was also told that the rape took place when the victim’s mother and sister were not at home. The man was arrested on the same day and yesterday, he admitted raping the 11-year-old girl. Before passing her sentences, Judge Supang said that as a father to the child, he should have protected and looked after the girl. But instead he raped her.

After considering the facts and mitigation on the case, the judge sentenced him to twelve years’ jail and four strokes of the rotan. The judge also took into consideration that the offender had committed three counts of the same offence on the girl’s elder sister and was sentenced last year to ten years’ jail and given five strokes of the rotan for each count. His appeal against the sentences was rejected by the court. He was subsequently given an additional jail term of two years for each of the charges.

Copyright 2003 Sarawak Press Sdn. Bhd. All rights reserved.

Corpun file 12266


Bernama News Agency, Kuala Lumpur, 4 November 2003

Severe Punishment Awaits Along Under New Act

KUALA LUMPUR, Nov 4 (Bernama) -- Severe punishment including whipping will be imposed on those involved in illegal money lending activities under the Moneylenders (Amendment) 2003 Act which took effect from Nov 1.

Housing and Local Government Minister Datuk Seri Ong Ka Ting said illegal moneylenders would also be liable to a fine of between RM20,000 and RM100,000.

A fine of between RM10,000 and RM50,000 could also be imposed on those who failed to follow the format for the money lending agreement, in addition to an imprisonment of not more than five years or both, and whipping for second and subsequent offences, he said at a news conference at the Parliament Lobby here Tuesday.

He said this would mean that those wanting to go into money lending activities and charging interest must obtain a licence, failing which they would be considered as "Along".

"Prior to the amendments, there is no law to regulate such activities," he said.

Ong said the government would also tighten conditions for the issuing of licence to ensure only those with a clean record and having adequate capital were allow to conduct such business.

He said that under the Act, the police had also been empowered to enforce the law.

In this connection, he said seven police officers from the ranks of inspector and superintendent would be assigned to the ministry.

He said the Act further widened its regulatory activities to cover all money lending activities which involved charging interest except those covered by other Acts such as cooperatives, banks and financial institutions.

Moneylenders were allowed to advertise their business but with prior approval of the registrar, he said. -- BERNAMA

Corpun file 12322


New Sabah Times, Kota Kinabalu, 19 November 2003

Court Beat

38 years jail, 18 strokes of the cane for serial rapist

Soon being led out of the courtroom after he was sentenced yesterday.

KOTA KINABALU: A 32-year-old former lorry driver who admitted raping three young women, including a Form Five student who was on her way to sit for her Sijil Pelajaran Malaysia (SPM) examination, was yesterday jailed a total of 38 years and ordered to be given 18 strokes of the cane.

Sessions Court Judge Caroline Bee Majanil sentenced Soon Chen Siong to eight years' jail for the first count and another 12 years and 18 years' jail, for the second and third counts respectively.

Caroline also imposed on Soon, who told the court he would rather receive more strokes of the cane than a longer custodial sentence, four strokes of the cane for the first count, six strokes for the second count, and another eight strokes for the third count.

The judge ordered the first and second jail terms to run consecutively and for the third count, to run concurrently with the first two, which means the former lorry driver would only serve 20 years in jail.

Urging the court to hand down a deterrent sentence on the accused, Prosecuting Officer, Chief Insp Abdul Rahman Atan said while he concurred with the counsel's submission that the accused had pleaded guilty thus saving the court's time, he said he has met with the victims and no doubt their complaints were genuine.

"Hopefully, whatever the sentence passed by the court would serve as a deterrent to the accused and would-be-offenders," said Abdul Rahman.

Counsel Datuk Chau Chin Tang, assisted by counsel Munirah Ahmad Basher Khan, however urged the court to exercise its discretion in being compassionate, if not to the accused but to his family, when passing the sentence.

Chau said the accused was married with three children and have nine-year-old twin girls, and a seven-year-old son.

The counsel further said the accused was a first offender and urged the court to take into account the surrounding factors of the cases.

"The victims themselves are not totally blameless because at their age they should know they shouldn't accept rides from strangers. When a stranger offers you a lift, you have a choice of accepting or not," added the counsel.

First charged on March 12 this year, Soon who faced another molest charge, pleaded not guilty to the three rape charges.

However, yesterday he was produced in court after he indicated his intention of pleading guilty to all the charges under Section 376 of the Penal Code, each providing a jail term of up to 20 years and liable to whipping.

Soon, a local from Kampung Marabahai in Tuaran near here, admitted to the first count of raping a 22-year-old Rungus cashier, inside his blue Proton Iswara bearing the registration number SA9135V, at some bushes in Kolombong, Inanam near here at about 8pm on Dec 31 last year.

In her police report, the victim said she was waiting for the bus at the junction near Gaya Sport, Inanam, when an unidentified man in a blue Proton Saga stopped and offered to give her a ride, saying he was also headed for Inanam.

Initially, she refused but gave in since the man was quite persistent. But instead of sending her to her workplace, he headed towards a bushy area near Sekolah Kebangsaan Kolombong where the victim said she was forced to undress and subsequently raped by the accused.

After raping her, the accused dropped her off where he had found her earlier.

Soon also admitted to the second count of raping a 17-year-old student inside the same Proton Iswara by the roadside along the Sulaman-Menggatal Road at about 8.30am on Nov 21 last year.

The student said she was walking to school to sit for her SPM examination that morning, when a blue Proton Saga stopped next to her and its driver (the accused), offered her a ride telling her he was also headed to the school to fetch a friend.

Suspecting nothing amiss, the victim said she accepted the lift but instead of heading to her school, the accused drove towards the Sulaman-Menggatal junction and stopped at some bushes.

There she claimed she was forced to undress by the accused and ordered to move to the back seat of the car where she was raped despite her begging him not to do so.

After raping her, the accused drove the victim to her school and after sitting for her examination, went home to relate the incident to her family who then took her to the Menggatal police station to lodge a report.

And in third count, Soon admitted raping a 13-year-old girl inside the same Proton Iswara, at the open area near Maksak Hall in Likas here at about 8.30pm on Dec 15 last year.

In her report, the victim said she was walking towards Kampung Likas to attend a wedding when a Proton car stopped and asked her where her father was.

When she told him he was out at sea, the accused persuaded the girl to go with him as he wanted to see her father to give him some cakes.

The victim said the accused then drove the car to Maksak Hall and stopped at an open space, ordering the victim to stay put in the car while he went down to pass urine.

Upon returning to the car, he ordered the victim to touch his private part before raping her on the front passenger seat. After raping her, the accused dropped the girl at the same spot he had found her.

According to the fact sheets tendered by Abdul Rahman for the three cases, police mounted a massive hunt for the accused following the reports by the victims.

Acting on public tip off, Soon was arrested on Feb 28 this year and the dark blue Proton Iswara was also seized from him. The victims were called in and they positively identified their rapist.

Soon faced another charge in the Magistrate's Court here, for allegedly molesting a 17-year-old girl inside the same Proton at a small junction along Kokol Road in Menggatal, at about 4.30pm on Feb 27 this year.

The charge framed under Section 354 of the Penal Code, provides a jail term up to 10 years' imprisonment and liable to fine or to whipping upon conviction.

The case is still pending.

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