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Judicial CP - November 2000
Sarawak Tribune, Kuching, 1 November 2000
Appeals struck out, caning order upheldBy Clarence Ting
LIMBANG - The High Court here yesterday, dismissed separate appeals by two prisoners against the caning order imposed earlier by the lower court.
Aris Ating, 21, of Rumah Punan, Batu Biah Garden, said the three strokes of rotan imposed by the Magistrate's Court on 11 November last year was manifestly excessive as he was suffering from asthma and would not be able to withstand the canning [sic].
Aris was sentenced to two years' jail and three strokes of the rotan after pleaded [sic] guilty to housebreaking and theft committed on 7 September, last year. Deputy Public Prosecutor Puan Julia Ibrahim replied that the caning was not too excessive as the appellant had previously been jailed for eight months' jail for similar offence.
In dismissing the appeal Judicial Commissioner Dato Sulaiman bin Daud told the appellant that if he was truly suffering from asthma, he should have stayed at home instead of facing the risk of asthmatic attack to commit the offence on a stormy night.
He also said there was always a doctor to examine to determine if the appellant was fit for canning.
In the same court, similar appeal by Siamjah bin Mumin, 27, of Kampung Ranggau Jaya was struck out as well.
Siamjah was jailed three years and ordered to be canned with four strokes of the rotan by the lower court on 11 May this year for unauthorised possession of 25.90 grammes of Methamphetamine or Syabu at the compound of Sin Matu Shipyard at Jalan Buangsiol at 4 am on 7 September, last year.
His counsel, Nelson Ruki contended that there was a break in chain of evidence by the prosecuting witnesses. Two of them who were entrusted to take care of the exhibit pertaining to the case were never be called to testify.
Replying, Puan Julia argued that there had not been any dispute over the exhibit during the trial at the lower court. Besides, the two policemen mentioned were mere store keepers at the Limbang Police Station, and that there was no sign of the exhibits being tampered with as the seal on it was intact.
Dato Sulaiman agreed that the magistrate had made a rightful decision when passing the sentence.
Copyright Sarawak Press Sdn. Bhd. All rights reserved.
New Straits Times, Kuala Lumpur, 28 November 2000
Judge wants life terms for rapistsBy Carolyn Hong
KUALA LUMPUR, Mon.- The maximum sentence for rape should be raised to life in prison, Court of Appeal judge Datuk Gopal Sri Ram said today, and urged the Attorney-General's Chambers to look into it.
Upholding sentences of 30 years' jail and 23 strokes of the rotan against a coffeeshop owner for rape, he said it was a very serious offence and rapists should not be allowed out on the streets after serving a short sentence.
He said the maximum sentence should in fact be imprisonment for the term of natural life, and dismissed the appeal of Ng Liang Neng, 37.
Ng was convicted of raping and committing carnal intercourse against the order of nature with his employee, who was then 12, in a house in Taman Indah Langkawi in September 1998.
He was sentenced to 15 years and 10 strokes for rape, and three years and three strokes for the second offence. The sentences are to run concurrently.
He was also convicted of raping another employee's 15-year-old daughter on Feb 17 last year and was sentenced to 15 years and 10 strokes. This sentence was to run consecutively to the earlier punishment.
Ng's appeal to the High Court for a lighter sentence failed. He then appealed to the Court of Appeal.
His counsel M. Athimulan told the Court of Appeal today that the High Court had failed to consider the legal principles when it refused to order the sentences to run concurrently.
Sri Ram upheld the consecutive sentences without hearing arguments from Deputy Public Prosecutor Jagjit Singh. Sri Ram was sitting with Court of Appeal judges Datuk Mokhtar Sidin and Datuk Abdul Kadir Sulaiman.
According to the facts of the case, Ng's wife had found a video-tape on top of the cupboard and viewed it. The tape showed Ng engaging in obscene acts with the girls. She surrendered the tape to police.
Meanwhile, in an unrelated firearms case, Sri Ram allowed the appeal of Rizal Alih, 54, who was sentenced to 14 years' jail and six strokes for possession of four rifles, and seven years for possession of 1,271 bullets and 43 magazines.
The Sessions Court had ordered the sentences to run consecutively. On his appeal to the High Court, the sentences were reduced to 12 years and five years respectively, to run consecutively.
Sri Ram today ordered the sentences to run concurrently and set aside the whipping as Rizal was now over 50.
He also said it was unwarranted interference by the High Court to reduce the sentences by two years each, but added that he could not do anything about it as the prosecution had not appealed.
He chided the Sabah DPP for not doing so, adding that when he (Sri Ram) was there for a sitting, he had to intervene in all the cases.
"Are they having a holiday in Sabah?" he asked.
Copyright � The New Straits Times Press (Malaysia) Berhad, Balai Berita 31, Jalan Riong, 59100 Kuala Lumpur, Malaysia.
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