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Judicial CP - May 2007
New Straits Times, Kuala Lumpur, 18 May 2007
Addict seeks more strokes for daughter's love
By Rita Jong
SHAH ALAM: A 30-year-old man made an unusual request before he was sentenced by the High Court yesterday for drug possession.
"I am prepared to receive more strokes of the rotan if it
means serving less time in jail," Mohammad Zulkifli Baseer
Ahamad Kan told judge Datuk Mohd Zaki Md Yasin.
Copyright © 2007 NST Online. All rights reserved.
New Straits Times, Kuala Lumpur, 26 May 2007
Worker gets 60 years for sodomy
SHAH ALAM: A 35-year-old City Hall contract worker was sentenced to a total of 60 years' jail and ordered to be whipped 22 times yesterday for 22 counts of sodomy against a 15-year-old boy.
Abdul Rahim Abdul Rahaman was sentenced at two Sessions Courts
here after he pleaded guilty to committing the offences at a flat
in Jalan Mutiara Gombak, between April 18 and May 9 this year.
The Star, Kuala Lumpur, 28 May 2007
Move whips up interest
The Anti-Trafficking in Persons Bill is seen as a progressive bill. Should the Government stop at this or go on to remove corporal punishment from all existing legislation?
Comment by Shaila Koshy
THE last week of the Dewan Rakyat [Parliament] meeting flagged Malaysia internationally for two very different reasons.
Courtesy of the Internet, reports of the sexist remarks made in the House and subsequent reaction were picked up by several Internet news digests and for those who prefer a visual and aural account of their news, the incident is on YouTube.
That aside, the House did well in passing the Anti-Trafficking in Persons Bill 2007 that covers illegal conduct committed inside or outside Malaysia as long we are the receiving country or transit point.
Minister in the Prime Minister's Department Datuk Seri Nazri Aziz told Parliament that by enacting this law the Government could ratify the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (TIP Protocol) that supplements the United Nations Convention Against Transnational Organised Crime, which Malaysia acceded to in September 2004.
The Executive must be credited for originating this bill but the amazing fact about the bill is that the Attorney General's draftsman did not include whipping because the TIP Protocol does not recognise whipping as a form of punishment.
In lieu, Malaysia has provided for hefty jail terms (three to 20 years) and fines (RM50,000 to RM500,000).
So, has the Government embraced international human rights norms or was it constrained to do so?
If the former, it must remove whipping from the Penal Code, Kidnapping Act, Firearms (Increased Penalties) Act, Dangerous Drugs Act and the Immigration Act, among others.
"If it is because it is contrary to the concept of human rights then it is an indication that we are accepting the culture of human rights," says Suhakam chairman Tan Sri Abu Talib Othman.
"The Government should not stop at the Anti-Trafficking in Persons Bill but should review all existing legislation that provides for whipping and remove that provision. We will support them in such a move."
"This is a progressive bill and one hopes it would be a precursor to other efforts to review present legislation which provides for whipping," says International Movement for a Just World president Dr Chandra Muzaffar.
"Also, as a mode of punishment, whipping - which is cruel and dehumanising - has been proven to be ineffective in tackling the root causes of the crime."
Does the new bill sans whipping mean civil society in Malaysia is becoming more "civilised?"
"I don't know whether it is a reflection of a change of heart or an attempt to respond to international pressure," says Dr Chandra who was appointed to the Chair in Global Studies under the Centre for Policy Research and International Studies at Universiti Sains Malaysia in April.
"One swallow doesn't make a summer but one hopes that this will lead to other changes."
Noting the Malaysian Bar had passed a resolution against corporal punishment at its annual general meeting in March, its president Ambiga Sreenevasan, welcomes the Government's recognition of international norms regarding corporal punishment.
"The UN considers whipping an inhuman and degrading form of punishment; logically, the Government should remove whipping from all the statute books."
So, if the bill is not to score points internationally or get off the US Watch List, the Government must see to it that all existing laws are whipping-free.
© 1995-2005 Star Publications (Malaysia) Bhd (Co No 10894-D)
Borneo Post, Kuching, 29 May 2007
Penalty upped from one to 12 strokes of rotan
KUCHING: The High Court here yesterday increased the whipping penalty from one to 12 strokes of the rotan for a former court clerk convicted of committing three counts of criminal breach of trust (CBT).
In enhancing the penalty, Judicial Commissioner Hamid Sultan Abu Backer allowed the Senior Federal Counsel's appeal against inadequacy of sentence passed on Jim Girim, 27, from Kampung Triboh, Serian.
Hamid also maintained the six years and nine months' jail against the respondent who has been convicted under Section 409 of the Penal Code, which provides a maximum penalty of 20 years in jail and with a fine and whipping.
On April 17 last year, Jim pleaded guilty before Sessions Court Judge Timothy Finlayson Joel who also discharged and acquitted him from six other charges in consideration of his guilty plea. The jail term was to take effect from April 17, 2006.
According to the charges, Jim misappropriated at least RM2,200 being settlements of court fines at the Serian District Office between June 11 and July 4, 2001.
DPP Siti Rafidah Zainuddin appealed.
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