www.corpun.com : Archive : 2005 : MY Judicial Dec 2005 |
Judicial CP - December 2005
Daily Express, Kota Kinabalu, 9 December 2005Death row trio, another granted extension of time to appeal(extracts)PUTRAJAYA: The Federal Court recently granted three men on death row and one serving life sentence, who were convicted by the Sandakan High Court between 1994 and 1997, an extension of time to file their respective appeals despite their failure to do so within the permitted 14 days. Justices Datuk Pajan Singh Gill, Datuk Richard Malanjum and Datuk Arifin Zakaria made the decision with DPP Mangai Arkasi Krishnan acting for the Public Prosecutor. [...] Ibnu Jalau was convicted on May 20, 1997, and sentenced to life imprisonment plus eight strokes of the cane for armed robbery using a pistol, under Section 4 of the Firearms (Increased Penalty) Act 1971. On Feb 21, 2005 the Court of Appeal rejected his appeal and affirmed his sentence. The appellants with the assistance of the Sabah Prisons Department wrote to the Federal Court but their application to appeal against the Court of Appeal's decision did not duly reach Putrajaya because of some confusion in the address, but which was later rectified. The Deputy Registrar of the Federal Court subsequently appointed two Sabah lawyers to represent the appellants. [...] Copyright © Daily Express, Sabah, Malaysia The Star, Kuala Lumpur, 17 December 2005Repeat sex offender lands in jail againIPOH: He has had 12 convictions of sexual offences, mostly involving underaged girls, since 1991. Odd-job worker Aris Mohamed, 48, had been sentenced to 30 years (served 15 years) and caned 27 times. It did not change him. On Tuesday, he admitted to molesting a 10-year-old girl at a vegetable patch beside the Yamaha factory here on July 8, 2003. Sessions Court judge Rasidah Chik sentenced Aris to eight years and ordered that he be given six strokes of the rotan. Rasidah asked Aris what drove him to commit the offences. When Aris mumbled and failed to provide a clear answer, the judge ticked him off, saying: "However severe the punishment meted on you, I don't think you will change. Maybe the offences will only stop when you breathe your last." Earlier, Rasidah denied counsel Charan Singh's application that Aris be sent for psychiatric treatment. But she granted his request that Aris be placed under police observation for two years upon his release from prison. Deputy Public Prosecutor Muhamad Anas Mahadzir had urged the court not to view Aris as suffering from some kind of mental illness or that he was unaware of his wrongdoings. He was sure that Aris had been given all kinds of counselling while in jail to help him turn over a new leaf. "But after so many years in prison, he doesn't seem to show any remorse," he said. He added that the court should take into account public interest, as all the underaged victims and their families had been traumatised by Aris' actions. New Straits Times, Kuala Lumpur, 20 December 2005NS trainer jailed for rapeBy Ajitpal Singh KUALA TERENGGANU, Mon. -- When news broke that a National Service trainee had been raped by a trainer last year, it could not have come at a worse time for the Government. They were facing what seemed like endless teething problems
and had a difficult time selling the three-month stint to
parents. Copyright © 2004 NST Online. All rights reserved. Kpl Zuki Mohd at his original hearing -- picture from The Star, 16 December 2004 Kpl Zuki Mohd at a second hearing - picture from The Star, 6 April 2005 New Straits Times, Kuala Lumpur, 20 December 2005Shop assistant gets five years for armed robberyKUALA LUMPUR, Mon. A 21-year-old shop assistant was sentenced to five years' jail and two strokes of the rotan for the armed robbery of an Indonesian. Mohd Zamri Che Yusoff, of Kampung Kubang Terap, Pasir Mas, was
charged with robbing Suyoto Sukro, 18, of RM1,000 while armed
with a knife in Jalan Tun Tan Cheng Lock about 9.15pm on Oct 20. Copyright © 2004 NST Online. All rights reserved. The Star, Kuala Lumpur, 21 December 2005Labourer jailed 30 years for rapeKUANTAN: A labourer was jailed a total of 30 years and ordered to be given nine strokes of the cane for raping a 15-year-old girl thrice last month. Mohd Faku Radzi Abdul Razak, 25, of Felda Bukit Sagu, pleaded guilty to the charges before Sessions Court judge Mariana Yahya yesterday. He was sentenced to nine years' jail on the first charge, 10 on the second and 11 on the third. The sentences are to run concurrently. Mohd Faku Radzi was also ordered to be whipped three times for each offence. The accused first committed the offence between midnight on Nov 5 and 12.15am on Nov 6 at the Bukit Sagu 2 water plant. He raped the girl again between 8.30pm on Nov 6 and 6.30am the following day at a guardhouse in SK Bukit Sagu 2. Mohd Faku Radzi also admitted to raping the girl between 9pm on Nov 7 and 6.30am the next day in a house in Felda Bukit Sagu 2. In mitigation, Mohd Faku Radzi, who was unrepresented, pleaded for a lenient sentence. Prosecuting officer Chief Inspector Soh Tong Pon pressed for a deterrent sentence as the accused had committed a serious offence. "Although the accused has saved the court's time by pleading guilty, an appropriate sentence must be meted out to serve as a lesson to him and to others," he said. © 1995-2005 Star Publications (Malaysia) Bhd (Co No 10894-D) The Star, Kuala Lumpur, 22 December 2005Wife freed, but husband gets jailBy Marsha Tan JOHOR BARU: A woman charged with drug possession was freed by a High Court here, but her husband who was jointly charged, was not as lucky and was sentenced to 14 years jail and 10 strokes of the cane. When Judge Datuk Azhar Mohamad delivered Che Yam Mat Rashid's sentence, the housewife hugged her husband Nik Pa Zakaria and family members who attended the proceedings.
Tears of joy could also be seen in her eyes. However, the joy came to a quick end when Nik Pa's sentence was read out. The contract worker remained calm but bowed his head while Che Yam broke down. Nik Pa, 41, and Che Yam, 35, were charged in April 2001 under Section 39A (2) of the Dangerous Drugs Act 1952 for possessing 1,087.29 grams of cannabis in their house in Pengkalan Rinting in Tampoi. Delivering his judgment on Che Yam, Azhar said the prosecution had failed to prove beyond reasonable doubt that she had knowledge of the drugs in the house. He added that the court could not accept certain facts presented by the prosecution. For Nik Pa, Azhar said the court found beyond reasonable doubt that the drugs found in the house belonged to him. He said the sentence served as both a punishment and a deterrent for future incidents. "I hope the accused will repent and not repeat the offence. If he repeats it, a heavier punishment will be meted out," he said. © 1995-2005 Star Publications (Malaysia) Bhd (Co No 10894-D) |
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