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Judicial CP - June 2005
The Star, Kuala Lumpur, 4 June 2005
Other News & Views
Nik Aziz wants lazy men caned
KELANTANESE men who are too lazy to seek work to see to the needs of their family may get the rotan, if Mentri Besar Datuk Nik Abdul Aziz Nik Mat's proposal is taken up, according to Berita Harian.
He said such a measure was necessary to make men more aware of their responsibilities towards their family.
He also said the Federal Government should provide allowances for housewives to deter them from seeking work outside the home and to encourage them to stay home to see to the family.
"Many youths are now involved in drugs and burglary because no one is guiding them at home as both parents are out at work.
"I am not asking women to stop working. Work, but don't neglect your children," he said.
© 1995-2005 Star Publications (Malaysia) Bhd (Co No 10894-D)
The Star, Kuala Lumpur, 14 June 2005
Seven Indonesians convicted of three offences
KOTA TINGGI: Five hundred and twenty-two months in jail – that's the total jail terms meted out to seven Indonesians convicted of three offences.
Six of them – Zubir Hashim, 41, Sutarman Marmin, 40, Mohd Rojali Bakri, 37, Khairudin Basir, 40, Arlis Adnan, 49, and Arnes Ali, 48 – had some painful news to bear – the magistrate also ordered them to be caned.
Zubir will get eight strokes of the rotan, and the others one stroke less each. The seventh man, 52-year-old Jani Usman, was spared the rod because of his age.
The group pleaded guilty to committing the offences off the Piah waters in Pengerang, on April 21, between 5.30pm and 7.30pm.
The items were found inside a fibreglass boat powered by a 200hp engine.
Magistrate Nu'aman Mahmud Zuhdi sentenced Zubir and Jani to 76 months' jail each, while Sutarman, Mohd Rojali, Khairudin, Arlis and Arnes each received a jail term of 74 months. They were charged under Section 399 of the Penal Code, Section 6(1) of Corrosive, Explosive and Dangerous Arms Act 1958 (Act 357), and Section 6(1)(c) of the Immigration Act 1959 (Amended 2002).
Nu'aman ordered that the seven men serve their jail sentences consecutively from the date of arrest.
Chief Insp. Rasdi Arifin prosecuted while the Indonesians were unrepresented.
Borneo Bulletin, Brunei, 15 June 2005
Scare tactic: Whipping on video
By Rahmat bin Haji Abdul Rahman
People gathered at the Sabah Prison Department booth during the launching of the renaming of Radio Malaysia Sabah station in Karamunsing to watch a video of prisoners being whipped for various criminal offences. The video has been approved by the Malaysian Ministry of Home Affairs as a form of an exhibition aid to deter the public from committing criminal acts. Photo shows an officer from the Sabah Prison Department briefing the public as they watch the video.
Copyright © 2005 Brunei Press Sdn Bhd. All right reserved.
Daily Express, Kota Kinabalu, 15 June 2005
Rape-robbery: Syabu dad jailed 19 years
Tawau: A 25-year-old Syabu addict and father of four was jailed a total of 19 years and ordered given nine strokes of the cane for raping a 14-year-old, as well as robbing and injuring her.
Sonny Musa was handed 15 years and ordered caned six times for raping the girl, now 16, in the bushes at Mile 4½ Apas road, here, at 3.30pm on Dec. 15, 2003.
On the second and third counts, Judge Duncan Sikodol sentenced Sonny to four years plus three strokes of the cane and handed him another two years jail, respectively, for robbing the girl of a handphone and injuring her neck with a knife, at the same place after raping her.
Sonny, a Suluk, changed his plea to guilty in the midst of the trial. He was ordered to serve the sentence on the second and third counts, consecutively.
He was charged under Section 376, 392/397 and 324 of the Penal Code.
The court heard that the girl was in a bus after seeing her boyfriend when Sonny approached her from behind and pointed a knife. He demanded her handphone and said her mother did not like her boyfriend.
He then asked the bus driver to take them to Mile 5, on the pretext of taking her to see her boyfriend's mother.
Upon reaching the place, however, he took her to an oil palm estate where he punched, dragged her into the bushes and raped her.
He also ordered her to perform oral sex on him, before tying her mouth with a towel, taking her handphone, her jeans and slashing her neck with the knife.
The victim walked to the main road half naked where a member of the public took her to her mother's place. Chief Inspector Habebah Abu Bakar said the accused was arrested on Dec. 17, the same year, in front of a petrol kiosk at Mile 3 Apas road following a report lodged by the girl's father.
Copyright © Daily Express, Sabah, Malaysia
Straits Times, Singapore, 16 June 2005
Muslim duo to be caned for drinking alcohol
Sentence on brothers may be the first under Malaysia's Syariah court
KUANTAN - TWO Muslims convicted of drinking alcohol in public are to be caned, in what is possibly the first such case in Malaysia.
Brothers Mohamed Nizam Ibrahim, 32, and Mohamed Nasha, 30, were sentenced to receive the maximum six strokes of the cane and fined RM5,000 (S$2,000) each by the Syariah High Court here.
They were caught drinking stout at a restaurant in Jalan Bukit Ubi here on Aug 19 last year.
Under the state of Pahang's laws, they could have been jailed for up to three years.
The imposition of the caning penalty caught everyone by surprise in court on Tuesday, including the brothers, who had pleaded guilty to the charges, believing that they were going to be let off with a fine.
Judge Abdul Rahman Yunus said the sentence he meted out should serve as a reminder to all Muslims not to commit the offence.
'The excuse given by both offenders, that they are in the lower income group and, therefore, should not be severely punished, is unacceptable,' he said.
'It is quite obvious that the alcoholic beverage they drank is more expensive than other drinks such as syrup.'
The brothers - factory workers - were detained in an operation by the Pahang Islamic Religious Department to discourage Muslims from drinking alcohol.
A team of department officials, accompanied by policemen, arrested the brothers at the Yi Huat Restaurant in Jalan Bukit Ubi at 11.32pm.
Lawyer Che Mastuni Muhammad, who represented the brothers, immediately asked the court to suspend the sentence pending an appeal to the Syariah Appeal Court.
The court granted bail of RM1,000 for each brother. One issue arising from this decision is how the caning will be carried out.
'There are no rules or provisions for how the caning should be done,' said Malaysian Syariah Lawyers' Association president Muhamad Burok. 'Caning the Islamic way is different from the civil law way. And, for the moment, there is no regulation on how it should be done.'
In Islamic law, he said, the cane should not be thicker than the little finger on the hand, and the cane cannot be lifted so high that the upper arm is lifted away from the armpit.
'In this instance, I would say that the act of imposing this punishment is premature because the method of caning has yet to be set.' -- NEW STRAITS TIMES
New Straits Times, Kuala Lumpur, 17 June 2005
Pahang Syariah courts' dilemma
By Aniza Damis
KUALA LUMPUR, June 16: Syariah laws on caning may have to be amended to get the Pahang Syariah courts out of the twist they find themselves in.
"Otherwise, it is likely that we may not be able to carry out the caning on the two brothers," State Syariah High Court registrar Muhammad Azhari Abd Rahman said today.
The Star, Kuala Lumpur, 19 June 2005
New hearing suggested for brothers who drank alcohol
KUALA LUMPUR: Minister in the Prime Minister's Department Datuk Seri Mohd Radzi Sheikh Ahmad has suggested that the Kuantan Syariah High Court calls for a fresh hearing in the case of two brothers who were sentenced to be caned for consuming alcohol in public.
Mohd Radzi was commenting on the sentence imposed by the Syariah Court which could not be implemented due to legal technicalities.
He said a new hearing would enable the court to review the whipping sentence which could not be implemented because the law also required the brothers be in prison before they could be caned.
The brothers were to be given six strokes of the rotan and fined RM5,000 each on June 14. – Bernama
The Star, Kuala Lumpur, 23 June 2005
MB: Brothers who drank alcohol wrongly charged
KUANTAN: The two brothers who were ordered by the Syariah High Court here to be caned for drinking alcohol had been erroneously charged and punished.
Mentri Besar Datuk Seri Adnan Yaakob said they should have been charged under the Pahang Syariah Criminal Procedure Enactment 2002, which had the provisions and procedures to cane and fine those found guilty for drinking alcohol in the state.
"The punishment for caning for drinking alcohol is stated under Section 125(3) of the Enactment which became effective on Feb 1, 2004," Adnan told reporters after chairing the state executive council meeting here yesterday.
He said it was up to the judge to decide on the procedures for caning under the stipulated law.
"As such, the issue that the two should be caned according to the Penal Code does not arise. The two brothers can, however, submit their appeal against the sentencing," Adnan said.
Adnan, who also holds the Islamic Affairs portfolio, was commenting on the case of two brothers Mohd Nizam Ibrahim, 32, and Mohd Nasha, 30, who were ordered caned six times by the court on June 14.
Judge Abdul Rahman Yunus also fined them RM5,000 each for the offence under Section 136 of the Pahang Islamic Administration and Malay Customs Enactment 1982 (amended 1987) which had yet to be gazetted.
A news report had quoted the Syariah judicial department resources centre director Muhamad Adib Hussin as saying that the procedures pertaining to caning had already been passed by the Council of Rulers in 2002.
New Straits Times, Kuala Lumpur, 27 June 2005
The pain is in the shame
By Aniza Damis
KUALA LUMPUR, Sun. -- It is not flogging or flaying, and broken skin is not allowed. Whipping under Syariah law is actually rather light.
So says Wahid, (not his real name), who metes out 100 strokes every week as a Kajang Prison whipping officer.
The issue of Syariah whipping has raised a storm since two brothers were sentenced to six strokes by the Pahang Syariah court two weeks ago for drinking stout in public.
New Straits Times, Kuala Lumpur, 30 June 2005
Cook sentenced to life for robbery
By A. Hafiz Yatim
KUALA LUMPUR, Wed. A 29-year-old cook will spend the rest of his life in jail for robbery.
The Sessions Court today also ordered Wong Kien Kong, of Sri Sentosa flats in Jalan Klang Lama, be given six strokes of the rotan.
Copyright © 2004 NST Online. All rights reserved.
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