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Judicial CP - January 2004

Corpun file 12532


The Star, Kuala Lumpur, 6 January 2004

Caning mulled for illegal bike racers

KOTA KINABALU: Caning for bikers for illegal racing and charging spectators for illegal assembly are among the two proposed measures to curb the menace.

press cuttingPolice are studying the proposals as existing provisions are not good enough as a deterrent.

The Malaysian Youth Council (MBM) has even called for the destruction of confiscated motorcycles used in illegal racing to curb the proliferation of the activity.

Bukit Aman’s Internal Security and Public Order director Comm Datuk Sedek Mohd Ali said the police would study a proposal to impose caning on illegal motorcycle racers, who posed a danger to other motorists.

He said any such proposals had to be passed by Parliament.

“Police will study if such a proposal could be an effective deterrent,” he told reporters after witnessing the handing over of duties from outgoing Sabah Commissioner Deputy Comm Datuk Ramli Yusuff to acting Deputy Comm Illyas Ibrahim.

Comm Sedek congratulated Illyas for being the first Sabahan to head the state police contingent. Ramli will take over as Pahang police chief.

Comm Sedek was commenting on a proposal by Minister in the Prime Minister’s Department, Datuk Rais Yatim, that motorcyclists caught for illegal racing be caned as a deterrent.

In Penang, state police chief Deputy Comm Datuk Othman Talib said police would round up spectators of illegal motorcycle racing.

“The presence of these spectators will prompt the illegal racers to go even faster and at the same time organise even more illegal racings.

“We will also not hesitate to arrest them for illegal gathering,” he said when met at his office yesterday.

DCP Othman added that police operations are held regularly, especially on weekends to prevent such illegal racing from spreading and becoming a problem.

“Illegal racing not only endangers the life of the motorcyclist but also the lives of other road users.

“Our investigations have revealed that these racers are usually teenagers,” he said.

Meanwhile, MBM secretary-general Norizan Sharif wanted all motorcycles confiscated in illegal races to be destroyed.

1995-2002 Star Publications (Malaysia) Bhd (Co No 10894-D)

Corpun file 12574


The Star, Kuala Lumpur, 15 January 2004

Former driver jailed for rape in bus

By M. Mageswari

KUALA LUMPUR: A former bus driver was jailed 12 years and ordered to be whipped seven times for raping a student inside a bus in 1996.

Norhisham Yeop Ahmad, 34, was expressionless when Ampang Sessions Court judge Mohamed Saman Mohd Ramli gave his judgment yesterday.

Mohamed Saman, who ordered the jail term to run effective yesterday, said Norhisham had failed to raise reasonable doubts in the prosecution's case.

“The evidence given by the victim showed that she had wanted to get down from the bus but the accused had pulled her, causing her to fall on the floor of the bus where he raped her. I have to take note that rape cases continue to become rampant like the Canny Ong's case in Shah Alam,” he said.

Pleading for leniency earlier, counsel Ravi Nekoo said Norhisham – who is the sole breadwinner of his family – had a wife, three children and an aged mother to care for.

Ravi said Norhisham, who is now a lorry driver, was earning RM1,200 per month to support his family.

mugshot of Norhisham
GUILTY: Norhisham being escorted out of the Ampang Sessions Court Wednesday.

He added that the court should consider that the accused was a first-time offender and had a good attitude now.

DPP Azizzul Shariman Mat Yusof pressed for a deterrent sentence, saying that the case was a statutory rape and the victim, who was taking the bus to return home that night, had to bear with the psychological impact and her education had been affected.

“Public interest should be given a priority as it is the right of the people to have a safe life in our country. Please impose a sentence which could send a strong message that the Government and the court view rape crimes seriously,” DPP Azizzul said.

On May 16, 1996, Norhisham had claimed trial to raping the 15-year-old student inside the bus at the last stop in Taman Muda, Ampang at about 9pm on April 17, 1996.

On Nov 6, 2001, Norhisham was ordered to enter his defence where he later opted to give a sworn testimony.

1995-2002 Star Publications (Malaysia) Bhd (Co No 10894-D)

Corpun file 12927


Daily Express, Kota Kinabalu, 16 January 2004

Cane and deportation for 168 illegals

Illegal immigrants rounded up Kota Kinabalu: A total of 168 foreigners including seven women who admitted to entering the State illegally were jailed between two and three months on Thursday.

134 of them appeared before Sessions Court judge Datuk Nurchaya Arshad while the other 22 and three turned up before Sessions Judge Caroline Majanil and Sessions Judge Ravinthran Paramaguru respectively.

The men were also ordered to be caned once while the women were spared.

An Indonesian man who was arrested on Dec 4 last year at the Karamunsing area here was sentenced to three months’ jail for overstaying in the State.

According to prosecuting officer, the foreigners, comprising Filipinos and Indonesians, were arrested at separate locations in the city, Sipitang, Kota Belud and Papar between end of December last year and early this month.

Meanwhile, the court grounds was [sic] swarmed with the relatives or friends of the illegal immigrants on Thursday morning.

The illegal immigrants were escorted by police and General Operation Force (GOF).

Copyright Daily Express, Sabah, Malaysia

Corpun file 12602


New Straits Times, Kuala Lumpur, 22 January 2004

Divided on public flogging

By The NST News Team

Malaysians were divided on a Cabinet Minister’s proposal to publicly flog child rapists. While a large number of politicians and non-governmental organisations (NGOs), reflecting the outrage felt by Malaysians over two child rape-murders in the last fortnight, supported public flogging, an almost equal number of moderating voices, including medical experts, cautioned against being overly emotional.

Minister in the Prime Minister's Department Datuk Seri Dr Rais Yatim yesterday said he would propose to the Cabinet to amend the law to allow public flogging of child rapists.

The Bar Council has opposed such moves, saying there was no proof that public flogging would reduce crimes against children.

A specialist in juvenile sex crimes, Dr Teoh Hsien-Jin, cautioned against over-reacting.

"You can flog all you want. But will you be getting to the heart of the problem?" Dr Teoh said the nation was suffering from post-traumatic stress disorder in a metaphorical sense.

He said while it was important to highlight the issue, it was equally important not to get emotional when we should be reacting rationally.

Johor Baru's Sultanah Aminah Hospital head of psychiatry, Dr Abdul Kadir Abu Bakar, said education, especially that involving parents with children, was the best way to resolve such crimes in society.

"There is no sure-proof deterrent against sex crimes against children," he said.

Many others interviewed, however, were more emotional.

In backing the call by Rais, they also suggested other modes of punishment such as castration, public hangings and some, like Puteri Umno head Datuk Azalina Othman, proposed televised floggings.

Azalina said: "It's a heinous crime. Rapists should not only be flogged publicly but also sentenced to death." The murders of two 10-year-old girls, Hasirawati Saridi in Menggatal, Sabah, and, Nurul Huda Abdul Ghani in Tanjung Kupang, Johor, sparked outrage, with letters to newspapers and Internet websites demanding the toughest action against those who rape and murder children.

Politicians from Kedah to Sarawak and Sabah supported Rais' proposal. They included Kedah Menteri Besar Datuk Seri Syed Razak Syed Zain, Pahang's Datuk Seri Adnan Yaakob, Negri Sembilan's Tan Sri Isa Abdul Samad, Kelantan Menteri Besar Datuk Seri Nik Aziz Nik Mat, Terengganu Menteri Besar Datuk Seri Abdul Hadi Awang, Sabah's State Community Development and Consumer Affairs Minister Datuk Raymond Tan Shu Kiah and Sarawak State Assemblywoman Lily Yong.

One junior politician from the People's Progressive Party even suggested public hangings.

NGOs such as Malaysia Crime Prevention Foundation (MCPF) vicechairman Tan Sri Lee Lam Thye, Malaysian Council for Children Welfare president Tan Sri Zaleha Ismail, Sabah Women's Advisory Council (MPWS) head Datuk Noni Said, and Malaysia Discipleship Centre pastor, M.G. George, supported the idea, saying public whipping would drive home the message that society does not condone child rapists.

George said: "I think it is a good idea. Public humiliation would make the criminals think twice before indulging in such inhumane acts." But Lee had a caveat to his support for public flogging. He said it was normal that every time such an incident happened, there was public outcry calling for stiffer punishments. "The question is whether we are prescribing the right treatment for the sickness," he said. "Are we doing enough to prevent the disease?" Equally angry, but not in support of public flogging, are Jemaah Islah Malaysia president Zaid Kamaruddin, Human Rights Commission of Malaysia Commissioner Professor Datuk Hamdan Adnan, Johor Consumers' Association vice-president S. Gunapati and several other ordinary people interviewed by the New Straits Times.

Suhakam's Hamdan: "It's an emotional moment for many of us, but we must look at things in perspective." Gunapati said public flogging ought to be studied in detail because it had far-reaching implications.

Copyright 2004 The New Straits Times Press (M) Berhad. All rights reserved.

Corpun file 12613

logo Malaysian National News Agency, Kuala Lumpur, 26 January 204

Security Guard Gets 20 Years' Jail, 24 Strokes For Rape Of Nurul Huda

Mohd Abbas Danus Baksan

EXCESSIVE VIOLENCE… Security guard Mohd Abbas Danus Baksan, 47, was today sentenced to the maximum 20 years' jail and ordered to be given 24 strokes of the rotan, after he pleaded guilty to raping Nurul Huda Gani, 10, at the security booth of TNB sub-station in Tanjung Kupang on Jan 17. A post-mortem report indicated that the victim died due to strangulation.

JOHOR BAHARU, Jan 26 (Bernama) -- A security guard was sentenced to the maximum 20 years' jail and ordered to be given 24 strokes of the rotan by the Sessions Court, here Monday for raping 10-year-old Nurul Huda Gani at the Tenaga Nasional Berhad main intake sub-station in Tanjung Kupang on Jan 17.

Mohamed Abbas Danus Baksan, 47, pleaded guilty to raping Nurul Huda, a Standard Four pupil of Sekolah Rendah Kebangsaan Tiram Duku, at the guardhouse of the sub-station in Kampung Pekajang between 9.20 am and 1 pm on that day.

In passing sentence, judge Abu Bakar Katar said that the court had to take public interest into account even though Mohamed Abbas had entered a guilty plea.

He said that Mohamed Abbas had committed a very serious offence and the sentence meted out should serve as a deterrence to him and to others.

The judge said that the court had also considered the fact that he had used excessive force on the girl and had caused trauma among her family members and also the community.

Abu Bakar also said that Mohamed Abbas, who has nine previous convictions, had also not shown any remorse over his actions.

Earlier, Deputy Public Prosecutor Teo Say Eng said that the maximum imprisonment and whipping should be imposed on Mohamed Abbas for committing a heinous crime where a substantial degree of violence was used.

Teo urged the court to impose a sentence which would deter him and others from committing the offence in the future.

The court was earlier told that Nurul Huda was reported missing and her family members launched a search party when she failed to return after leaving the house on an errand at about 8.50 am.

They had also gone to the guardhouse where they made inquiries but Mohamed Abbas denied having seen her.

They sought his permission to conduct a search of the vicinity of the guardhouse but was told by him that according to police instructions, only their officers could be allowed entry.

Police permission was later granted but they were still denied entry, prompting the police personnel to climb over the gate. A scuffle ensued but they later found Nurul Huda in the toilet of the guardhouse, naked and unconscious.

Lawyers Karpal Singh and Gobind Singh Deo, holding a watching brief on behalf of Nurul Huda's family, pleaded for a maximum sentence.

He described Mohamed Abbas as a "monster" and "should be put away as far as can be from the society."

"The court owes it to the family of Nurul Huda and the nation. The court should come down hard on the criminal," said Gobind Singh.

Mohamed Abbas, who was unrepresented, did not show any emotion throughout the proceedings.

He was later brought to the Magistrate's Court where he was charged with murder by causing the death of Nurul Huda, at the same time and place.

No plea was recorded.

The court fixed Feb 26 for mention.

-- BERNAMACopyright 2004 BERNAMA. All rights reserved.

Corpun file 12598


New Straits Times, Kuala Lumpur, 26 January 2004

'Make rape-related laws more effective'

By Rosnazura Idrus

SHAH ALAM, Jan 24:

The laws pertaining to rape and child rape were too basic and ought to be amended for more effective prosecution, former Court of Appeal president Tan Sri Lamin Yunus said.

He said the laws governing rape of adults and children (under 16) did not provide for offences such as gangrapes and rapes that led to death.

"As far as rape (as defined under the Penal Code) is concerned, it does not envisage death, so it is up to the judge to mete out punishment depending on the degree of grievances inflicted," he told the New Straits Times on Friday.

"There is no provision for gangrape either, whereas in India there is a provision for this offence following amendments to its Penal Code in 1983, which provide a minimum of seven years' jail." Lamin, 68, said it was his opinion that the five to 20 years' jail sentence and whipping provided for under the Penal Code was insufficient in the case of the two 10-year-old girls, Nurul Huda Abdul Ghani and Hasirawati Saridi, who were raped and murdered.

"A sentence of between five and 20 years' jail is inappropriate. My suggestion is that the laws should carry the death penalty for those who commit rapes that lead to death." He said in a child rape case where the victim died, a mandatory death sentence must be provided for under the law.

He said that if there was a provision for the death sentence in such a case, then it would not be necessary to frame two separate charges, one for rape, another for murder.

He said it would also solve the knotty problem of proving the intent to murder as the rapist might have had no intention of killing the victim, but caused death in the course of committing the rape.

"If it ends in death, be it gang-rape or not, then the mandatory death sentence must be provided for." He added that where the gangrape of a child did not result in death, a longer custodial sentence, preferably imprisonment for the term of the natural life, should be provided for under the law.

Castration, he said, was "not a solution". When released back into society, castrated men could seek vengeance in other ways.

Lamin was also not in favour of public flogging, "which is provided for in Islam, the purpose of which is to bring shame to the convicts and to serve as a lesson to the public".

"In Islam the person to be flogged has to be clothed.

"This is contrary to whipping in prison, where the convicted man is stripped naked as the whole idea is to inflict pain on him for having caused pain to his victim." Lamin said existing laws must be amended. "Although the amendments will not be retrospective, the most important thing is that there will be provisions for such offences in the future."

Copyright 2004 NST Online. All rights reserved.

Corpun file 12617


The Star, Kuala Lumpur, 27 January 2004

Public flogging for sex offenders has its merits

By V.K. Chin

V.K. Chin mugshotTHE Government has been urged to introduce public flogging on those found guilty of violent sex offences against children to deter others from committing such an inhumane act.

The call follows the recent rape and murder of two children whose fate has pricked public conscience and the demand for heavier penalties to deal with such sadistic criminals.

While there have been demands that the Government should mete out a heavier sentence on such perverts, public flogging is a new proposal in dealing with such offenders.

Under existing legislation, rape-cum-murder is already a capital offence and those found guilty would face the death penalty.

As for those charged with rape, they could be given a life sentence and whipping as well.

Obviously this has not satisfied some of the critics who want the guilty ones to be punished in a more open manner.

However, public flogging has many implications and the Cabinet at its Wednesday meeting will look at the pros and cons of such a proposal.

Such an act may seem medieval in civilised societies, though this form of caning will undoubtedly have a more lasting impression on the public.

It will be necessary for the flogging to be shown on national television to really make it public.

Otherwise if it should be done out in the open, only those who are present at the scene would be able to witness it.

But this may offend the sensitivities of some people who may frown on such public display of force even for such an obnoxious act.

One way out is to just show the face of the culprit on television and his facial expression should convey the pain and suffering he has to go through when he is beaten.

Whipping has proven to be an effective method of punishing those found guilty of certain criminal offences, especially violent ones.

It is said to be such a bad experience that many criminals would prefer to serve a longer jail sentence to avoid being whipped.

Even hardened criminals will shake with fear as they are being prepared for the lashing and it is believed that the pain is so severe that few can take more than one stroke at a time.

But it is also a good way for those involved in serious crimes to reflect on their acts and to suffer the consequences of raping or causing grave bodily harm to others.

Every whipping they receive will be a reminder of their foolishness in breaking the law and ensure that they will turn over a new leaf when they return to society later on. 

1995-2002 Star Publications (Malaysia) Bhd (Co No 10894-D)

Corpun file 12657


New Straits Times, Kuala Lumpur, 31 January 2004

Amended law coming into effect soon to whip senior citizen rapists

SIMPANG PERTANG, Jan 30: Amendments to the Penal Code mandating whipping for convicted rapists aged 50 and above are expected to come into force soon.

Minister in the Prime Minister's Department Datuk Seri Dr Rais Yatim said the amendment, passed last year, had yet to be gazetted although it had obtained the consent of the Yang di-Pertuan Agong.

"I have directed the Attorney General's Chambers today to gazette the royal consent fast so that this new law can be signed by the Executive and be enforced as soon as possible," he said.

Speaking after giving away hampers and souvenirs to Indian estate workers at a hall near here, Rais, who is also Jelebu MP, added that convicted rapists above 50 years of age would also face whipping once the ruling came into effect.

"Previously, senior citizens convicted of rape were spared the rotan, but this time around, they will not get away. The law will come into effect on the day it is gazetted, which I hope, will be very soon." Under the amendment, convicted rapists will face jail terms of between 15 and 30 years, and whipping.

"Previously, rape cases and incestuous acts, if proven in court, did not entail this kind of sentencing." Rais said the number of lashes to be meted out to convicted senior-citizen rapists, however, would depend on doctors' advice.

The amendment was due to the Government's concern over the rising number of rape cases involving senior citizens. Rais said bail should not be offered in view of the alarming incidence of rape in the country.

He added that Prime Minister Datuk Seri Abdullah Ahmad Badawi had directed the Education Ministry, Women and Family Development Ministry and the National Unity and Social Development Ministry to embark on integrated programmes to minimise the problem.

On the call by the Malaysian Youth Council for convicted rapists to be denied appeal, Rais said it was a positive suggestion.

"The outcry on rape cases was so widespread that they even sent me personal letters and e-mails. The majority of the people is in favour of the severe punishment of rapists." He said the Government would consider the proposal.

Copyright 2004 NST Online. All rights reserved.

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