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Judicial CP - October 1999
Daily Express, Kota Kinabalu, Sabah, 8 October 1999
Sodomy and rape: Illegal is jailed
TAWAU: A 20-year-old illegal immigrant was sentenced to 30 years behind bars and 10 strokes of the cane for raping and sodomising a "jamu" (Indonesian traditional medicine) seller.
Magistrate See Mee Chun ordered Filipino Aduri Munap to be jailed 15 years and five strokes for the first charge and another 15 years and another five strokes for the second charge here Thursday.
Aduri was also found to have entered Sabah illegally and was charged under Section 6 (1) (c) of the 1959/63 (1975 Amended) Immigration Act read under Section 6 (3) and punishable under Section 57 of the same Act.
For this Aduri was ordered to spend another three months in jail and See ordered the sentences to run consecutively.
Prosecuting officer ASP Lukas Aket told the court that Aduri committed the first charge under Section 376 of the Penal Code on Sept 22 this year in Mile 10 off Jalan Apas near a forestry area at about 12.30pm.
The 23-year-old Javanese victim said she went to the construction site at about 11.15am in the area to collect debts from her customers.
She was looking for a person when she sought Aduri's help who was with another person one Din Din Bin Bari at that time.
However, while on the way, the victim felt a plank hitting the back of her neck and fell to the ground.
At that juncture, Aduri asked her for money and the victim tried to escape but was stopped by Aduri who ordered her to take off her clothes before raping her.
After that, Aduri ordered the victim to continue the journey and at about 12.30pm, the victim was asked again to take off her clothes and this time, Aduri sodomised her.
For this, Aduri was charged under Section 377C of the Penal Code.
The victim in her report said she was left without any choice but to let Aduri rape her as she was terrified. Din Din who was at the scene, also allegedly raped her.
The victim fainted due to the blows and was left at the scene until she was found by the public who rushed her to the district hospital.
A medical examination by Dr Anil Krishna Dass revealed signs of intrusion on the victim's private parts and the victim also complaint of bruises on her body as well as head.
Aduri and Din Din were arrested in Mile 4 off Jalan Apas at about 11.05pm on the same day.
Copyright © Daily Express, Sabah, Malaysia
Sarawak Tribune, Kuching, 21 October 1999
Court for Children welcomedBy Nikki Lugun
KUCHING - A special Court For Children, which will have the jurisdiction to try all offences by child offenders is welcomed as it looks specifically at offences committed by children.
"This is encouraging as we will then have a court which is specially set up to look into the problems concerning child offenders", said child specialist Dr Tan Poh Tin. "From my previous experiences with the courts in cases of child abuse, I have seen that the courts have always been good with children. Perhaps having a separate court just to deal with children is encouraging, as the court will be able to determine other additional support or recommendations for child offenders", she added.
Dr Tan also said that having a special court for children would expedite cases and with one person specially looking at child offences, additional skills could be developed especially where recommendations and issues regarding rehabilitation could be looked into.
Dr Tan however is totally against a section in the bill, which empowers the Court For Children to order that a child may be whipped not more than 10 strokes with a light cane upon proof of committing certain offences. "I am totally against this", she declared.
Although most prisoners who were sentenced for crimes and whipped said that whipping, to a certain extent, deterred them from thinking about committing offences, this should not be inflicted on a child (even if only meant for male children) as there is potential for bodily harm, she said.
Most of the lawyers interviewed by Sarawak Tribune agreed that a special Court For Children will save valuable court time. It would mean that there is streamlining of the courts with a more effective allocation of resources, said one lawyer who declined to be named. "Currently, juvenile cases are heard in chambers to protect the identity of the child. This takes up a lot of time and since juvenile cases are given priority, there is a backlog of other cases."
The Court For Children will be set up under the Child Bill 1999. Under the bill, the court would comprise, among others, a Sessions Court judge assisted by two advisers, of whom one would be a woman.
The Star, Kuala Lumpur, 21 October 1999
Dewan Rakyat [Parliament]
Whipping for sex offenders under new Act
PIMPS and customers will face mandatory whipping and a jail term apart from increased fines under the proposed Child Act.
Deputy National Unity and Social Development Minister Datuk Peter Tinggom said punishment for sex offences against children would now include mandatory whipping of not more than six strokes of the rotan.
Tabling the Bill for second reading, he said the punishment would also be enhanced from a maximum fine of RM10,000 or up to five years' jail to RM50,000 and a mandatory jail term between three and 15 years.
For subsequent offences, apart from the jail sentences, the Bill proposed mandatory whipping of between six and 10 strokes of the rotan.
Tinggom said the Bill sought to ensure further protection for young and unmarried pregnant girls, enabling them to deliver their babies in a safe environment.
"This is a way to overcome the problem of baby dumping," he added.
Tinggom said Clause 43(1)(j) made it an offence for "customers" who paid children for sexual services, noting that the present legislature did not impose any form of punishment for those who exploited women and girls.
"This had created an impression that the legislature was gender-biased as action was taken against the women and not the men who used their services," he said.
The Bill, which replaced the Juvenile Courts Act, 1947; the Child Protection Act, 1991; and Women and Girls's Protection Act, took into consideration elements of guiding and educating the children.
While a "child" is defined as one below 18 years of age, 10 years remained the cut-off point for criminal responsibility.
Under provisions for Court for Children, parents could be fined up to RM5,000 or jailed up to two years for not attending proceedings when required.
Unlike the present legislature, the Bill also aimed to protect male children who were sexually exploited, he said.
Copyright © 1999. Star Publications (Malaysia) Bhd.
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