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www.corpun.com   :  Archive   :  2005   :  MY Judicial Jun 2005

-- THE ARCHIVE --


MALAYSIA

Judicial CP - June 2005



Corpun file 16034

masthead

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)




Corpun file 16033

masthead

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 Indonesians being escorted out of the magistrate court in Kota Tinggi after sentencing on Monday.
The Indonesians had been charged with preparing to commit armed robbery at sea, possessing a Rambo-style knife, five parangs, seven ski masks, and entering the country without valid travel documents.

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.  

1995-2005 Star Publications (Malaysia) Bhd (Co No 10894-D)




Corpun file 16011

masthead

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.




Corpun file 16012

masthead

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 4 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




Corpun file 16026

masthead

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.

HARSH PUNISHMENT: Aside from the caning, brothers Mohamed Nasha (left) and Mohamed Nizam were also fined $2,000 each after pleading guilty to charges of drinking alcohol in public.

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.

LAWS APPLY TO FOREIGN MUSLIMS AS WELL

ALL Muslims, including foreigners, are subject to the Islamic criminal laws of Malaysia when they are in the country, lawyers said yesterday.

In the wake of the ground-breaking case where two Muslims were ordered to be caned for drinking alcohol, the lawyers said foreigners were expected to respect the laws of Malaysia when in Malaysia.

'Once you enter the country, you are in the jurisdiction of the court and the laws,' said the Malaysian Syariah Lawyers' Association president Muhamad Burok.

Syariah lawyers are those accredited to appear in the Syariah courts.

Islamic laws are under the jurisdiction of individual states. Each state has its own Syariah enactment but they generally include the basic Islamic offences such as not fasting during Ramadan.

Mr Muhammad said foreigners have been charged in the Syariah courts.

CAROLYN HONG

'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



Corpun file 16021

masthead

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.

He was referring to Mohd Nizam Ibrahim and Mohd Nasha who were sentenced to six strokes of the rotan each and fined RM5,000 for drinking alcohol in public.

The laws which may need to be reviewed is the Islamic Religious Administration and Pahang Malay Tradition Enactment 1982 (Amended 1987) and the Pahang Syariah Criminal Procedure Code 2003.

The NST today highlighted a discrepancy in a section of the Syariah CPC, which outlines the procedures for caning. Section 125(4) requires an offender to be jailed until his caning sentence is executed.

But the court did not sentence the brothers to jail.

Therefore, they cannot go to prison because they have not been given that penalty, and neither can they get caned, because they cannot be imprisoned.

"I don't know why that clause was inserted, but we now find ourselves in a bit of a dilemma of how to interpret it," Muhammad Azhari said.

He acknowledged that there was no precedent for it, since this was the first time that Pahang's Syariah laws are being tested in this situation.

"I will have to bring this up for discussion at the chief registrars' meeting, and then it will have to go up to the chief judges' meeting," he said.

There is no option of amending the Syariah CPC to accommodate caning without imprisonment, because this would contradict the Prisons Act.

"Since the people who will be doing the caning are prison officers, we have to abide by the Prisons Act, which requires that the offender be imprisoned," said Muhammad Azhari.



Corpun file 16031

masthead

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

1995-2005 Star Publications (Malaysia) Bhd (Co No 10894-D)



Corpun file 16068

masthead

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.

1995-2005 Star Publications (Malaysia) Bhd (Co No 10894-D)



blob Follow-up: 14 January 2009 - Malaysian waitress ordered to be caned for drinking (mentions that the two brothers in the above case had still not been caned, pending appeal)




Corpun file 16091

masthead

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.

CRIMINAL WHIPPING VS SYARIAH WHIPPING

TO ADMINISTER A CRIMINAL WHIPPING, the officer first twists his body to the left. The aim is to get as much force as possible behind the stroke. The offender is whipped on the buttocks. After each stroke, the rotan is immediately pulled back.

FOR A SYARIAH WHIPPING, the officer must exercise restraint and keep the upper arm close to the body. The rotan's end is held at the height of the offender's head. The rotan swings downwards with only a movement of the wrist. -- PHOTOS: NEW STRAITS TIMES

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.

"Syariah whipping is more like caning naughty schoolboys. In Syariah, the punishment is not in the force of the whipping, but to bring shame."

Under the Criminal Penal Code, caning is physical punishment in the strictest sense, and the officer must use as much force as he can muster.

The power behind an ordinary whipping comes from the wrist, arm, shoulder and the swing. For Syariah offences, it comes from a fairly limp wrist.

Wahid is trained to give Syariah whippings, but has never administered one. Until now, no Syariah courts outside of Kelantan have ever handed down these sentences.

The rotan has the diameter of a little finger, and is thinner than the one used for criminal offences, which is as thick as a thumb. The officer has also to exercise a great deal of restraint.

"In Syariah whipping, you cannot even raise your hand so high that your upper arm moves away from your armpit." An imaginary book clutched under his armpit would not drop, he said.

"Whipping convicts is much more difficult, because you really have to do it with a lot of ‘power'. The harder the better. If he holds back even one notch, the officer fails in his duty.

"That's why all whipping officers are tall and big bodied," said Wahid, 35, who himself looks like a military commando.

He has been whipping convicted criminals for eight years. All strokes of a caning sentence must be executed in a single stretch with about 10 seconds between each. The highest number of strokes for a criminal offence is 24.

"You have to be very focused, because there is a very small area to hit. The area of the buttocks is 10 inches by 8 inches. If you don't hit it exactly right, you might hit part of the (wood) frame.

"This will be counted as a stroke anyway; except that the prisoner has not got the full force of justice.

"And, when you have made contact with the buttocks, you must drag the tip of the rotan along the skin to break it."

Convicts are bound standing to a wooden frame to be caned. A record officer tells the whipping officer how many strokes to give and keeps count.

Syariah whipping only requires a man to stand and a woman to be seated.

Whipping officers don't see the prisoner's face and do not know what he is being punished for.

"I have no pity for the person. If we had pity, we wouldn't be able to do our work, (which would be) an even greater injustice, of not meting out the punishment fully.

"You can't have anger or pity. Either of these will affect your accuracy.

"You never go in thinking: ‘This man raped his own daughter; I'm really going to give it to him'. Your emotions or your rage might make you miss your mark.

"I've been told that the first stroke is like getting an electric shock. You feel hot in the ears and eyes before the full impact of the pain hits you," Wahid said.

Some prisoners have collapsed after just one stroke, while others have been known to still take a few steps after being given the full 24.

While a Syariah whipping may be milder, it still requires a great deal of discipline and training.

"Prison officers are called to execute Syariah whippings in Kelantan because we are trained to do it."

It can be administered by a civilian, but it is not a realistic move.

"I think it would be very difficult, unless you practise often.

"Even (someone) who has witnessed whipping many times wouldn't be able to do it properly."

A Syariah whipping would not need a great deal of accuracy, not being limited to just the buttocks. But Wahid feels that somehow, it would be an imperfect execution.

"It would be lacking in skill; in art."




Corpun file 16107

masthead

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.

Wong told the court he had carried out the robbery because he needed money to support his family, including to treat his hole-in-the-heart daughter.

He had earlier pleaded guilty to robbing four workers of Best Formula Industries Sdn Bhd on Jalan Batu Estate, off Jalan Segambut here, about 10.50pm on Feb 5 last year.

Wong, who was unrepresented, was charged under the Firearms Act (Increased Penalties) 1971, which carries a mandatory life sentence and six strokes of the cane.

In mitigation, Wong said he had divorced his wife as she had been a heavy gambler. He added that he had to support two children.

Deputy Public Prosecutor Othman Yusoff said Wong had gone to the factory armed with a .38 revolver and threatened the four employees before firing a shot in the air.

Not satisfied with the cash they handed over, Wong used the butt of the revolver to hit one of them on the head.

When a worker tried to subdue him, Wong fired a shot that struck the worker's thigh. That was when the rest of the staff ganged up on Wong and overpowered him. The police then arrived to arrest Wong.

Copyright 2004 NST Online. All rights reserved.

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