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www.corpun.com   :  Archive   :  2002   :  MY Judicial Feb 2002

-- THE ARCHIVE --


MALAYSIA
Judicial CP - February 2002



Corpun file 8575 at www.corpun.com

masthead

New Straits Times, Kuala Lumpur, 5 February 2002

Liberian jailed for black money scam

By Rosnazura Idrus

KUALA LUMPUR, Mon. - A Liberian was sentenced to 12 months' jail and two strokes of the rotan by the magistrate's court today for cheating a construction company manager in a black money scam. Magistrate Syafeera Mohd Said ordered the jail sentence imposed on T. Johnny Nyumah, 23, to commence from the date of his arrest on Nov 2 last year.

Nyumah, who claimed trial when he was charged on Nov 16, changed his plea today.

He pleaded guilty to cheating Mustapha Ali, 44, of US$1,000 (RM3,800) by deceiving him into believing that he could turn several pieces of black paper into US dollars by washing them in a liquid. He committed the offence at the Lower Level of Ampang Park, Jalan Ampang, about noon on Nov 1. Mustapha got acquainted with Nyumah while he was walking in Ampang Park on Oct 31, and Nyumah told him that he (Nyumah) could turn several pieces of black paper into US dollars. Nyumah demonstrated using four pieces of black paper.

Two of them changed into US$10 notes and the other two into US$20 notes after Nyumah washed them with a liquid.

Mustapha was told that he could get about US$30,000 if he was willing to invest US$1,000 to buy the liquid.

Mustapha gave Nyumah US$1,000. Nyumah promised to deliver the US$30,000 the next day. When they met the next day, Nyumah asked Mustapha to invest another RM18,000.

Feeling cheated, Mustapha lodged a police report.

© New Straits Times (M) Berhad




Corpun file 8713 at www.corpun.com

masthead

Daily Express, Kota Kinabalu, 6 February 2002

It's caning for illegals, bosses

(extract)

PUTRAJAYA: Whipping will be imposed on foreigners entering the country illegally and employers engaging and harbouring them, Deputy Prime Minister Datuk Seri Abdullah Ahmad Badawi said Tuesday.

Abdullah, who is Home Minister, said that such a provision would be introduced in the proposed amendments to the Immigration Act in March.

The proposed amendments, will, among others, provide for stiffer penalties for offences pertaining to illegal immigrants.

Abdullah also announced a new policy on the recruitment of foreign workers including restricting the recruitment of Indonesian workers only for employment in the plantations sector and as housemaids, with immediate effect.

[...]

Copyright © Daily Express, Sabah, Malaysia




Corpun file 8577 at www.corpun.com

masthead

The Star, Kuala Lumpur, 6 February 2002

Two men escape the gallows

By Raphael Wong

KUALA LUMPUR: Two factory workers who were sentenced to death two years ago for trafficking in cannabis, escaped the gallows when the Court of Appeal yesterday acquitted and discharged one of them and reduced the other's charge to possession of the drugs.

Court of Appeal judges Justices Mokhtar Sidin and Mohd Noor Ahmad and High Court judge Justice Faiza Thamby Chik, in unanimously allowing the appeal of Mohd Safarudin Baba, 22, said that there was serious doubts as to whether he was in possession of the cannabis since he did not carry the wooden box containing the drug at that time.

The court reduced the charge of Mohd Ashraf Endut, 21, from trafficking to possessing the drug under Section 6 of the Dangerous Drugs Act and sentenced him to 12 years' jail and 10 strokes of the rotan.

Justice Mokhtar advised Mohd Safarudin through his counsel Bhagwan Singh not to commit any offences in the future.

"Fortunately, he (Mohd Safarudin) was not seen with the box and we had serious doubts whether he knew of the contents of the box. I hope that he has learnt his lesson."

Mohd Safarudin and Mohd Ashraf were jointly charged with trafficking 1,031.9gm of cannabis at the junction of Jalan Datuk Senu 10 and Jalan Datuk Senu 11, Taman Datuk Senu, Sentul on Jan 14, 1999 at 5.50am.

On May 15, 2000, Justice Abdul Wahab Patail convicted and pronounced the death sentence on the two men.

At the onset yesterday, Karpal Singh, who represented Mohd Ashraf, told the court that Abdul Wahab had misdirected himself when saying in his judgment that it was unnecessary to consider the presumption under Section 37 (D)(a) of the Dangerous Drugs Act when calling for the defence of his client.

In urging the court to substitute the charge of trafficking to that of possession, he said the judge should have considered whether his client was in actual possession of the contents of the box before ordering Mohd Ashraf to defend himself.

"Here, not only did he not make a finding but said that it was unnecessary to do so," he said, adding that his client did not dispute the fact that he was found with the box of cannabis.

Bhagwan Singh, in appealing to the court to acquit and discharge his client against the charge, submitted that the judge had erred in his findings when drawing a presumption that Mohd Safarudin had knowledge of the contents in the box when in fact, the prosecution tendered no evidence to that effect.

He said the judge had also contradicted himself in his judgment when he said that there was no direct evidence linking Mohd Safarudin to the physical possession of the drugs when in fact he had earlier stated there was an irresistible inference between his client and the other accused.

DPP Jamal Mohamed, who agreed with Justice Abdul Wahab's findings, said there was no need to use the presumption under Section 37 (D)(a) of the Dangerous Drugs Act to convict the two men for trafficking.

"The exhibits, consisting of numerous packets of cannabis, were sufficient to prove that the drugs were meant for trafficking," he said.

© 1995-2001 Star Publications (Malaysia) Bhd (Co No 10894-D)

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