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Judicial CP - August 2004
New Straits Times, Kuala Lumpur, 4 August 2004
Rape case 1
A whopping 75 years' jail for stepdad
KOTA BARU, Aug 3: A rubber tapper, 40, was sentenced by the Sessions Court today to a whopping 75 years' jail and 50 strokes of the rotan for raping his step-daughter.
Judge Azman Abdullah said there had been so many cases of
incest in society recently and one way to curb them was to mete
out heavy sentences to offenders.
Copyright © 2004 NST Online. All rights reserved.
Channel NewsAsia.com, Singapore, 17 August 2004
Malaysia faces rising problem of illegal immigrants
By Melissa Goh
KUALA LUMPUR: Up to 18,000 illegal immigrants have been caned in the past two years since the Malaysian government introduced tough new laws.
But the problem is far from over and the authorities are facing calls for a total review of immigration policies to better deal with the increasing numbers of illegal workers in the country.
Malaysian authorities have been conducting midnight raids to flush out an estimated 1.2 million illegal immigrants in the country.
Most are from neighbouring Indonesia, and working in the construction and plantation sectors.
Their huge numbers, coming after half a million illegal immigrants were deported under tough new laws, have led to calls for a thorough review of immigration policies.
"In less than two years the government comes back to say we have 1.2 million illegal workers. Where did the government go wrong if in such a short period we can have 1.2 million undocumented workers? What I am trying to say is the system has failed because we are barking up the wrong tree. We should be getting the culprits, the recruiting agents, the traffickers," said Dr Irene Fernandez, a women's rights activist.
So far, many illegal immigrants had been prosecuted under the new immigration laws but not a single employer has been charged.
To demonstrate the government's seriousness in tackling the problem, employers found hiring or employing illegal foreign workers will be fined up to 10,000 ringgit or jailed up to five years, or both.
Indonesians who have lived and worked legally in Malaysia for many years have expressed their concern over the issue.
One Indonesian executive urged his fellow citizens not to try and escape during raids as it would attract tough police action.
"Wait for the decision from the Malaysian and Indonesian governments. If your place is raided please do not run, or you will get into more trouble," said Khairuddin Harahap, director of Indonesia Sociology Research ISR.
As the raids continue, Malaysia and Indonesia are discussing various measures ahead of an expected new round of mass deportation at the end of the year.
Both sides want to avoid the problems in the first round, which included burning of detention camps and allegations of rape by camp guards.
Illegal immigrants in Malaysia who are first time offenders face up to six months in jail and caning. - CNA
The Star, Kuala Lumpur, 17 August 2004
Whip illegals and send them home
By V.K. Chin
EMPLOYERS of illegal workers should heed the warning by Deputy Prime Minister Datuk Seri Najib Tun Razak that they should be punished for their actions.
The DPM, who chaired the Cabinet committee on Foreign Workers, said it was time for these errant employers to be punished for breaking the law in employing such workers.
Unless the employers concerned were punished, they would continue to recruit such foreign labour. Najib also noted that none of them had been punished so far.
So long as there are employers who are prepared to employ illegal workers, these foreigners will continue to enter the country without proper documents in order to earn a living.
While the government and people welcome and appreciate the contributions of foreign workers who are here legally, they draw the line when it involves illegal ones.
Employers prefer illegal ones because they are cheaper and therefore cost effective. They are prepared to break the law just to maximise their earnings. But this is going to cost the country dearly later on as such illegal immigrants will refuse to return home for various reasons.
What irks the locals is that those illegals unable to find work may decide to commit crimes just to survive. Many of them are here for economic reasons but bad times can change a person's behaviour.
Apart from punishing the errant employers, the government should speed up cases involving illegal immigrants so that they could be whipped and send home immediately.
However, we have such a good reputation as a caring government and the leniency shown to such foreigners will only encourage more of them to take the risk and make their way here.
It is time therefore for us to be tough and to show that while we welcome legal foreigners to work or holiday here, we cannot tolerate those who take advantage of our generosity.
There is really not much point to just round them up and send them home without any meaningful punishment. Some drastic action will have to be taken to discourage them and others from overstaying their visas or entering the country illegally.
Holding them for any period before their deportation is an unnecessary drain on our financial resources and so it is better to just whip them and send them home.
Otherwise they will not learn their lesson and many of them will no doubt try to return at the earliest opportunity.
This action may cause some misunderstanding with neighbouring governments but we can no longer bear the cost of accommodating so many foreigners in the country.
© 1995-2002 Star Publications (Malaysia) Bhd (Co No 10894-D)
Sarawak Tribune, Kuching, 18 August 2004
Van driver gets 10 years for rape
KUCHING – A 32-year-old man was sentenced to ten years' imprisonment with
three strokes of rotan by the Sessions Court here yesterday after he pleaded
guilty to the charge of raping a girl last week.
Copyright ©2003 Sarawak Press Sdn. Bhd. All rights reserved.
Bernama News Agency, Kuala Lumpur, 20 August 2004
Waiter Jailed 11 Months For Illegal Entry, Possession Of Fake IC
KOTA KINABALU, Aug 20 (Bernama) -- A waiter who was acquitted of murdering State Assistant Minister Datuk Norjan Khan Bahadar at a hotel where he was employed here last February was Friday jailed a total of 11 months and ordered to be given a stroke of the rotan for illegal entry and possession of a fake IC.
The Star, Kuala Lumpur, 24 August 2004
Director gets jail, rotan for cheating
KUALA LUMPUR: A 36-year-old company director was sentenced to 24 years' jail and ordered to be whipped eight times after he was found guilty by a Sessions Court yesterday on four counts of cheating a fellow director of RM12,629.
Beh How Cheh is to receive six years' jail and two strokes of the rotan on the first charge of deceiving one Tan Giam Siew, 50, by inducing her to sign an OCBC Bank cheque worth RM2,280 for the delivery of "phantom" goods on June 30, 1999.
The former director of Vantage Accord Sdn Bhd was sentenced to six years' jail and ordered to be whipped twice for each of the three other counts of cheating -- deceiving Tan into signing a cheque worth RM3,250 on Sept 15, 1999, and two cheques for RM3,174 and RM3,925 respectively on Nov 15 the same year.
Beh, however, will only spend six years in prison, as the jail terms run concurrently with effect from yesterday.
Judge Mohd Zaki Abd Wahab said the prosecution had succeeded in proving the case beyond a reasonable doubt.
In mitigation, defence counsel Abd Rashid Abd Rahman urged the court to hand out a lower sentence as Beh was supporting his elderly parents and three children.
He added that Beh had no previous convictions, adding that he was also the director of another company.
The court, however, allowed Abd Rashid's application for a stay of execution on the sentence pending an appeal at the High Court.
Mohd Zaki also fixed bail at RM40,000 with one surety.
© 1995-2002 Star Publications (Malaysia) Bhd (Co No 10894-D)
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