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www.corpun.com : Archive : 2006 : MY Judicial Feb 2006

-- THE ARCHIVE --

MALAYSIA
Judicial CP - February 2006

The Star, Kuala Lumpur, 11 February 2006

Man who 'lost everything'

PENANG: An Indonesian drug offender has lost everything including his wife, a High Court here heard.

Pleading for leniency for his client Lai Lo Shen, defence counsel Ranjit Singh Dhillon read out a letter written in Medan by Lai's wife.

[...]

Lai, 43, had pleaded guilty to an alternative charge of possessing 157.4gm of methamphetamine at the departure gate of the Penang International Airport at 10.55am on Aug 11, 2001.

The offence under Section 39A(2) of the Dangerous Drugs Act 1952 carries a jail term of up to 20 years and a minimum 10 strokes of the rotan. The principal charge of drug trafficking under Section 39B carries a mandatory death sentence upon conviction.

Ranjit Singh said Lai, an auto parts dealer, had fully co-operated with the police. He added that the drug was not meant for the local market but bound for Medan.

According to the facts presented by DPP Azman Abu Hassan, the airport's auxiliary police constable Aziz Hamid made a body search on Lai as he was about to board a flight to Medan, and felt something suspicious near his private parts.

He ordered Lai to unzip his pants but Lai tried to run away. Airport policemen caught him after a short chase, and found a plastic package taped inside his underwear which contained the drug.

Judicial Commissioner Mohamad Zabidin Mohd Diah told Lai he was fortunate that the prosecution had offered an alternative charge.

He sentenced Lai to 11 years' jail and ordered him to be whipped 10 times.

Corpun file 17368

The Star, Kuala Lumpur, 16 February 2006

Judge: Amend charges

KUALA LUMPUR: Charges in cases that carry the death sentence can be amended to secure a guilty plea and reduce the backlog of cases, said High Court judge Justice Abdull Hamid Embong.

Some hearings took 10 days to two weeks and the costs incurred could be tremendous, he said, adding that the Government had to bear the expenses for the witnesses.

The judge said this when presiding over a drug trafficking case that was amended to one of possession yesterday.

Mohammad Firdaus Shane Abdullah, 34, pleaded guilty to possessing 262gm of cannabis in Jalan Ampang at 2.05am on Jan 4, 2003.

“The proactive stand taken by the prosecution in amending the charge in this case is commendable,” the judge said.

He ordered Mohammad Firdaus to be jailed 10 years and given 10 strokes of the cane.

Justice Abdull Hamid said the police, prosecution, courts and prisons department were different players in the same field called the administration of justice.

“Although we all play different roles, we are all aiming for the same goal, that is, to uphold the interest of justice and avoid any unnecessary delay in the disposal of cases,” he said.

He told Mohammad Firdaus that he should be thankful to the prosecution for amending the charge, which no longer attracted the death sentence.

“I hope this episode will teach you a lesson. After this, you must turn over a new leaf and be a law abiding person,” he said.

Mohammad Firdaus' mother, who was seated at the public gallery, cried uncontrollably and he consoled her saying: “Please relax, ma.”

Corpun file 17406

Bernama News Agency, Kuala Lumpur, 24 February 2006

Acehnese Gets 11 Years, Whipping For Cannabis Possession

SHAH ALAM, Feb 24 (Bernama) -- A labourer from Aceh was sentenced to 11 years' jail and 10 strokes of the rotan by the High Court here Friday for possessing 1,220gm of cannabis two years ago.

Jamaluddin Mokhtar, 23, of Kampung Kumba, Aceh, Indonesia, pleaded guilty to committing the offence at a housing project kongsi house in Bandar Utama at about 9am on Aug 17, 2004.

The charge under section 39 A (2) of the Dangerous Drugs Act carries life imprisonment or not less than five years jail and not less than 10 strokes of the rotan on conviction.

Jamaluddin was originally charged with trafficking in the drug under section 39B which carries the death sentence but changed his plea and admitted the crime after the charge was amended.

Judicial Commissioner Datuk Zaharah Ibrahim ordered the sentence to run from the date of his arrest on Aug 17, 2004.

Deputy public prosecutor Saiful Edris Zainuddin told the court that the drug was found in a wall in Jamaluddin's room.

In mitigation, defence counsel Rosal Azimin Ahmad said Jamaluddin was not a drug addict but was influenced by his newfound friends in Malaysia.

Saiful Edris, in pressing for a heavy sentence, described the drug problem as the country's number one enemy. -- BERNAMA

Corpun file 17408

The Star, Kuala Lumpur, 24 February 2006

Son broke dad's heart

By Priscilla Dielenberg

(extract)

PENANG: A security guard, heartbroken when his only son was arrested for possession of about 35kg of cannabis five years ago, died soon after, a High Court here heard.

Lawyer P. Latsmanan, in pleading for leniency for Rosman Mohd Ismail, 33, said he was told by the family that Rosman's father could not accept the fact of his arrest and died the following year.

“With the death of his father, and with Rosman in custody, Rosman's mother and a sister have had to fend for themselves by working in car parks,” he told the court yesterday.

“The mother is a severe diabetic patient and the sister remained unmarried to care for her,” counsel said.

OFF TO JAIL: Rosman being led away by a policeman after receiving his sentence yesterday.

He said Rosman had to leave school when he was 13 to work as a dish washer to help support the family.

Rosman was originally charged with trafficking in 34,912gm of cannabis at a flat in Taman Mesra Jaya, Bagan Lalang, Butterworth, on March 23, 2001.

The offence is punishable under Section 39B of the Dangerous Drugs Act 1952 with a mandatory death sentence.

However, the prosecution amended the charge to drug possession on Feb 16 and Rosman pleaded guilty.

DPP Azman Abu Hassan pressed for a deterrent sentence.

Justice Su Geok Yiam said the offence carried a jail term of up to 20 years and not fewer than 10 strokes of the rotan.

She told Rosman that public interest called for a punishment that would deter others.

Justice Su jailed Rosman 11 years and three months and ordered him to be whipped 10 times.

[...]

Corpun file 17412

Malay Mail, Kuala Lumpur, 28 February 2006

Lorry driver escapes gallows

SHAH ALAM, SELANGOR, Feb 28: A 39-year-old lorry driver escaped the gallows after admitting to being in possession of 226 grammes of cannabis at his home in Kampung Seri Aman three years ago.

The prosecution, which had initially charged Wagiman Ahmad with trafficking amended the charge to possession yesterday. He then pleaded guilty to the charge.

Wagiman told the court that the drugs were for his personal consumption.

The High Court sentenced him to 10 years' jail and 10 strokes of the rotan.

Judge Datuk K.N. Segara said: "You are lucky the prosecution offered an alternative charge of possession, as you were initially facing the gallows."

Wagiman pleaded guilty to possessing 226gm of cannabis at Lot 136-A, Jalan Berkat 5, Kampung Sri Aman, Batu 13, Jalan Kelang. in Puchong, at 11.30pm on Oct 29.

He had bought the drugs from an Acehnese for RM400, and kept it [sic] on a shelf in the living room. At the time of his arrest, he was on his way to fetch his wife from work.

Wagiman's jail term is effective from Oct 29, 2003, the date of his arrest.

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