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Judicial CP - June 2004
Utusan Express on line, Kuala Lumpur, 4 June 2004
Nursery operator's husband gets 15 years and 5 strokes for rape of girl
SHAH ALAM June 3 - A mini market supervisor was jailed for 15 years and ordered to be given five strokes of the rotan by the sessions court here Thursday for raping a five-year-old girl who was under the charge of his wife at her day nursery.
Mohamed Yusof Rahmat, 34, was found guilty of committing the offence at the day nursery in Taman Greenwood, Gombak, between 8 am and 5 pm on Dec 25, 2001 and Jan 14, 2002.
Judge Suraya Othman however allowed his application for stay of execution pending appeal in the high court.
She increased bail to RM10,000 in one surety from RM5,000 granted to him previously. The defence was ordered to file the notice of appeal Friday.
On May 21 last year, the girl testified against Mohamed Yusof through video conferencing.
In passing sentence, Suraya said that the court had taken into account that it was Mohamed Yusof's first offence.
Suraya however said that the offence committed by Mohamed Yusof, a father of four, was serious as it involved a child who had been traumatised by the incident.
She said that as a father, Mohamed Yusof should know that children should be protected and cared for instead of being subjected to what he did.
Earlier in her judgment, she said that the girl had unhesitatingly identified Mohamed Yusof as the person who committed the offence.
She also said that the court had been cautious so as not to convict a person based on unsworn evidence of a child, who was then already six years' old.
However, she said, the girl's evidence was corroborated by the evidence of medical experts and family members.
Deputy Public Prosecutor Sallehuddin Saidin, who proposed that a heavy sentence be imposed on Mohamed Yusof, said that it should serve as a deterrence to others as rape cases were now rampant.
He also said that the fact that the child was entrusted by her parents and her grandparents to be taken care of at the nursery must also be taken into consideration.
Defence counsel Mohamed Hanipa Maidin, in mitigation, said that a heavy sentence would not help solve the problem of rampant rape cases in the country.
© UTUSAN MELAYU (M) BHD., 46M, Jalan Lima Off Jalan Chan Sow Lin, 55200 Kuala Lumpur.
Daily Express, Kota Kinabalu, 16 June 2004
342 illegal immigrants jailedTawau: Three hundred and forty two foreigners were jailed between two months and 10 weeks by the Sessions Court on Tuesday for committing offences under the Immigration Act.
The foreigners, comprising Filipinos, Indonesians, and Pakistanis were found to have entered the State illegally, overstayed and with fake passes.
They were arrested in Lahad Datu and Tawau by police and immigration enforcement personnel.
Two hundred and seventy-eight of them were men while the rest were women, aged between 18 and 55.
The men who entered the State illegally were also ordered to be caned once.
Copyright © Daily Express, Sabah, Malaysia
Straits Times, Singapore, 19 June 2004
Outcry Over Snatch Thefts
Angry Malaysians want thieves caned
The call to punish offenders with the cane gets louder with each new case, but rights activists say it won't help
By Rene Ahmad
KUALA LUMPUR - Forget about terrorists.
Public Enemy No. 1 in Malaysia these days is the snatch thief.
And when public anger hits the roof, they almost always ask the authorities to reach for the cane.
Two women snatch-theft victims were killed within three weeks, and the newspapers, television and Internet chatrooms are full of angry feedback.
'Hit the criminals hard and make it most painful for them. Treat them like rapists and dump them in jail for at least 20 years and give them 20 lashes of the rotan,' Mr Ghazali Osman wrote in a letter to the New Straits Times on Thursday.
Never mind that members of the riot police are already patrolling the tourist district of Bukit Bintang for 12 hours daily to show that things are under control.
'Our presence helps the public feel more secure. We move around the shopping centres near the kerbs to make sure people are safe,' said Corporal Francis Rajoo as he was taking a breather near the popular Lot 10 mall.
The riot police complemented police efforts in Ops Ragut (Operation Snatch) by stopping motorcycles at random and checking identity cards and bags.
Public anger was translated into action recently when a snatch thief was beaten to death by several men after he botched an escape.
Yet it seems that not everyone is appeased until the perpetrators are caned.
While the outpouring of anger and grief is understandable, it is quite alarming to note that the call to whip criminals is getting louder with each violent crime.
Look at these recent events and the punishment mooted by some:
Ms Cynthia Gabriel, executive director at human rights group Suaram, says caning will not rehabilitate the criminal.
'It seems the easy way out. At one point there was a lot of hue and cry about rape, and now about snatch thieves.
'Regardless of the crime committed, it is not appropriate and won't help rehabilitate the perpetrator,' she told The Straits Times.
Others thought that while caning could serve as a deterrent, it should not be the first thing to be pulled out of the hat.
'Things are not so straightforward to say yes, caning is bad, or not.
'But you should not just look at punitive measures as education of the public is very important,' said Ms Wong Peck Lin, manager at All Women Action Society, who was herself a victim of snatch theft two years ago.
She said city councils have a role in ensuring pedestrians' safety by making proper walkways and providing better lighting, the police must step up their presence, and women must be more street-savvy.
'Why is it that men don't need to carry handbags and purses, and women are the most common victims?
'It is because men keep everything on their persons and out of sight,' said Ms Wong.
Copyright @ 2004 Singapore Press Holdings. All rights reserved.
Sarawak Tribune, Kuching, 22 June 2004
Bomoh gets 13 years, rotan for miscalculated sexual adventure
By Clarence Tong
BINTULU -- The Sessions Court here yesterday sentenced an
Indonesian 'medicine man' to 13 years' jail and ordered him to be whipped four times for raping a 23-year-old housewife three months ago.
Copyright ©2003 Sarawak Press Sdn. Bhd. All rights reserved.
The Star, Kuala Lumpur, 24 June 2004
Prison department leaves out exhibits on whipping
LENGGONG: The recent ban on whipping demonstrations in primary schools has affected the content of displays at mobile exhibition booths put up by the Prisons Department to showcase the punishment meted out to convicts.
This was evident at the department's exhibition booths put up during the 100th anniversary celebration of SK Kampung Beng near here recently, which was opened by Education Minister Datuk Hishammuddin Tun Hussein.
Among the items absent were photographs of the convicts' bleeding buttocks, samples of the rotan used for whipping and a mannequin of a strapped convict -- a common sight at the department's previous public exhibitions.
A prison warder minding the Prisons Department exhibition booth confirmed that such items were no longer allowed to be displayed to the public.
The ban was announced by Deputy Internal Security Minister Chia Kwang Chye on May 31, following protests from several quarters including the Human Rights Commission of Malaysia (Suhakam) over a newspaper report that a public caning demonstration was carried out at SK Taiping.
Suhakam expressed concern that such demonstrations would legitimise cruelty, inhuman or degrading treatment.
© 1995-2002 Star Publications (Malaysia) Bhd (Co No 10894-D)
Borneo Bulletin, Brunei, 30 June 2004
Indonesian jailed for illegal possession of firearms
By Marie Sitong
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