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Judicial CP - October 2001
New Straits Times, Kuala Lumpur, 9 October 2001
Jobless man loses appeal to quash drug possession convictionBy Ruslaini Abbas
KUALA LUMPUR -- The Court of Appeal today dismissed an appeal by a jobless man who was convicted for dadah possession.
Judges Datuk Abdul Hamid Mohamed, Datuk K.C. Vohrah and Datuk Wira Mohd Nor Ahmad dismissed Marzuki Hamid's appeal after hearing submissions by his counsel Ghazali Taib and Deputy Public Prosecutor Nurulhuda Mohd Nor.
In dismissing the appeal, Abdul Hamid said although there was an error in the charge it did not cause any injustice to Marzuki.
The error was only pertaining to certain figures in the sub-sections and it was not fatal, he said, adding that the wordings of a charge was not like a computer password where a missing comma or sign would render it invalid.
Marzuki, who is to be released on Oct 18, had challenged his conviction on the ground that the charge preferred against him contained errors relating to the sub-sections of the regulation of the Dangerous Drugs Act under which he was charged.
Ghazali had pointed out that the regulation concerned should have been 6(2) and 8(1) instead of 6(1) and 8(2) as stated in the charge sheet.
(The regulations were on authorisation to possess scheduled drugs.)
Counsel argued that the errors were serious since it had misled Marzuki who had pleaded guilty without knowing the consequences of his plea.
Ghazali said the failure of the judge to amend the charge was misdirection which had led to a miscarriage of justice.
The error could not be rectified, counsel said, urging the court to allow the appeal.
In her submission, Nurulhuda contended that there was no error in the charge and even if there was, it was not serious and could be corrected.
She said the charge was read out and explained to Marzuki who, according to the records, had pleaded guilty and understood the consequence of his plea.
Marzuki was sentenced on June 11, 1998, to six years' jail and ordered to be given 10 strokes of the rotan after he admitted having 7.6gms of morphine at Hotel Tivoli in Jalan Tuanku Abdul Rahman on Oct 18, 1997.
The Star, Kuala Lumpur, 31 October 2001
Court upholds Japanese engineer's jail sentenceBy Charanjeet Kaur
KUALA LUMPUR: The High Court has upheld the eight-year jail sentence imposed on a Japanese engineer after he was found guilty of molesting a 27-year-old manager in a hotel room in 1999.
Justice Datuk Wira Mohd Ghazali Mohd Yusoff, however, said the 10 strokes of rotan ordered to be imposed on Hiroshi Iwabuchi by the Sessions Court then was excessive, and hence, reduced it to three.
The judge, in dismissing Iwabuchi's appeal against his conviction and sentence, made the ruling after hearing submissions from both the defence and the prosecution.
"I think the Sessions Court judge was shocked (with the injuries sustained by the victim) and that was why he had imposed the eight-year jail sentence.
"The judge had looked at the seriousness of the offence and a doctor had testified if the victim had not been treated fast for the 15cm laceration on her private part, she would have died," said Justice Mohd Ghazali, adding that the injuries sustained by the victim was really serious.
Iwabuchi's counsel, Mohd Rafie Mohd Shafie, replied: "We really do not know what happened. This was only the doctor's opinion."
This prompted the judge to say: "This is more than outraging modesty, it's a serious form of outraging modesty. It was a medical opinion. Looking at the laceration, don't you think it was a serious injury, that her private part was almost joining her rectum?" he said.
On Aug 24, last year, the Sessions Court sentenced Iwabuchi, from Taitoku in Tokyo, to eight years behind bars.
He had been ordered to enter his defence on April 27, last year, on an alternative charge of using criminal force to outrage the woman's modesty at Room 1523, Shangri-La Hotel, Jalan Sultan Ismail, between 1am and 4am on Nov 19, 1999.
The temporary project manager for Tokyo Electrical Power Supplies Sdn Bhd was, however, acquitted and discharged from a charge of raping and sodomising the manager at the same place, time and date.
The alternative charge under Section 354 of the Penal Code for molest, carries a maximum 10 years' jail, fine, or whipping, or any two of the sentences upon conviction.
DPP Duncan Sikodol said the trial judge had been right in finding Iwabuchi guilty as he was satisfied "it was none other that Iwabuchi who was responsible for the injuries sustained by the victim."
"The accused had all the intention to molest the victim, the Sessions Court was satisfied that the victim was telling the truth in her evidence."
Speaking to reporters outside the court, Mohd Rafie said he would file an appeal at the Court of Appeal soon.
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