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Judicial CP - February 2002

masthead New Straits Times, Kuala Lumpur, 5 February 2002

Liberian jailed for black money scam

By Rosnazura Idrus

KUALA LUMPUR, Mon. - A Liberian was sentenced to 12 months' jail and two strokes of the rotan by the magistrate's court today for cheating a construction company manager in a black money scam. Magistrate Syafeera Mohd Said ordered the jail sentence imposed on T. Johnny Nyumah, 23, to commence from the date of his arrest on Nov 2 last year.

Nyumah, who claimed trial when he was charged on Nov 16, changed his plea today.

He pleaded guilty to cheating Mustapha Ali, 44, of US$1,000 (RM3,800) by deceiving him into believing that he could turn several pieces of black paper into US dollars by washing them in a liquid. He committed the offence at the Lower Level of Ampang Park, Jalan Ampang, about noon on Nov 1. Mustapha got acquainted with Nyumah while he was walking in Ampang Park on Oct 31, and Nyumah told him that he (Nyumah) could turn several pieces of black paper into US dollars. Nyumah demonstrated using four pieces of black paper.

Two of them changed into US$10 notes and the other two into US$20 notes after Nyumah washed them with a liquid.

Mustapha was told that he could get about US$30,000 if he was willing to invest US$1,000 to buy the liquid.

Mustapha gave Nyumah US$1,000. Nyumah promised to deliver the US$30,000 the next day. When they met the next day, Nyumah asked Mustapha to invest another RM18,000.

Feeling cheated, Mustapha lodged a police report.

New Straits Times (M) Berhad

masthead Daily Express, Kota Kinabalu, 6 February 2002

It's caning for illegals, bosses

PUTRAJAYA: Whipping will be imposed on foreigners entering the country illegally and employers engaging and harbouring them, Deputy Prime Minister Datuk Seri Abdullah Ahmad Badawi said Tuesday.

Abdullah, who is Home Minister, said that such a provision would be introduced in the proposed amendments to the Immigration Act in March.

The proposed amendments, will, among others, provide for stiffer penalties for offences pertaining to illegal immigrants.

Abdullah also announced a new policy on the recruitment of foreign workers including restricting the recruitment of Indonesian workers only for employment in the plantations sector and as housemaids, with immediate effect.

For the manufacturing, construction, services and agricultural sectors, foreign workers would be recruited from other countries, he said.

Workers were allowed to be recruited from Thailand, Cambodia, Vietnam, Myanmar, Laos, the Philippines and Nepal for the services, plantations, construction and agricultural sectors, he told a news conference after a dialogue on the new policy for the recruitment of foreign workers with the private sector here.

He said that workers from Turkmenistan, Uzbekistan and Kazakhstan could be recruited for the manufacturing, services and construction sectors and from India for the plantations sector.

Abdullah said that recruitment of foreign workers was allowed only for the export-oriented manufacturing sector while for the plantations sector, only in food cultivation, husbandry, horticulture, aquaculture and deep-sea fishing.

For the services sector, foreign general workers and cooks could only be recruited for employment in big restaurants in the Klang Valley, Ipoh, Penang including Seberang Prai, Melaka, Johor Baharu, Seremban and Kuantan.

Others in the services sector allowed to employ foreign workers are those involved in providing cleaning services, the handling of cargo, and the running of welfare homes and dhobi shops. Foreign workers can be employed as caddies and at resort islands.

Abdullah said that the recruitment of workers in other sectors which had not been listed would need special approval.

He said that foreign workers would only be allowed to work in the country for five years unless they possess special skills and their services were still needed.

"Initially, for a period of three years and subsequently, for reasons that are acceptable, they can be provided extension to work on a year-to-year basis for up to two more years," he said.

Abdullah said that skilled foreign workers wishing to work in the country for more than five years should obtain accreditation of their skills from the National Vocational Training Council (MLVK).

"Employers cannot simply say that these are skilled workers, I wish to request for them to work for more than five years...that's not enough," he said. He said that the workers involved might be required to undergo certain tests conducted by the MLVK.

The Deputy Prime Minister said that the government would also make it compulsory for foreign workers to undergo medical check-up for the renewal of their work permits and the check-up for the first year be conducted at their countries of origin.

Abdullah said that foreign workers would be required to undergo medical check-ups from year to year.

He said that it was vital for foreign workers to undergo medical check-ups to ensure that they were not carriers of dangerous diseases into the country.

"I have also proposed to the private sector that it is best that they sign up for health insurance for their workers," he said.

Abdullah also said that children of foreign immigrants were no longer allowed to enrol in government schools.

They could send their children to private schools of their choice, he said.

Children of foreign immigrants now studying in government schools would be issued notices to change school, he said.

Asked on the status of Indonesian workers still working in sectors now not permissible under the new policy, he said that they could continue working until the expiry of their work permits.

Asked whether a quota would be imposed on the recruitment of foreign workers from the sourcing countries, Abdullah said that the government would try to balance the number of workers recruited so that there would not be too many workers from any particular country.

"We will restrict the number of foreign workers from time to time and I have told the private sector that if they intend to expand the operation of their factories, they should set up capital-intensive factories with automated equipment which will not require a large number of workers," he said.

Abdullah said that the government also hoped that workers to be recruited would be knowledge workers as was being emphasised by the government to the people in the country.

The Deputy Prime Minister said that the recruitment of Indonesian workers for other sectors other than plantations and as housemaids should be done through the Home Ministry with the endorsement of the International Trade and Industry Ministry. - Bernama

Copyright Daily Express, Sabah, Malaysia

masthead The Star, Kuala Lumpur, 6 February 2002

Two men escape the gallows

By Raphael Wong

KUALA LUMPUR: Two factory workers who were sentenced to death two years ago for trafficking in cannabis, escaped the gallows when the Court of Appeal yesterday acquitted and discharged one of them and reduced the other's charge to possession of the drugs.

Court of Appeal judges Justices Mokhtar Sidin and Mohd Noor Ahmad and High Court judge Justice Faiza Thamby Chik, in unanimously allowing the appeal of Mohd Safarudin Baba, 22, said that there was serious doubts as to whether he was in possession of the cannabis since he did not carry the wooden box containing the drug at that time.

The court reduced the charge of Mohd Ashraf Endut, 21, from trafficking to possessing the drug under Section 6 of the Dangerous Drugs Act and sentenced him to 12 years' jail and 10 strokes of the rotan.

Justice Mokhtar advised Mohd Safarudin through his counsel Bhagwan Singh not to commit any offences in the future.

"Fortunately, he (Mohd Safarudin) was not seen with the box and we had serious doubts whether he knew of the contents of the box. I hope that he has learnt his lesson."

Mohd Safarudin and Mohd Ashraf were jointly charged with trafficking 1,031.9gm of cannabis at the junction of Jalan Datuk Senu 10 and Jalan Datuk Senu 11, Taman Datuk Senu, Sentul on Jan 14, 1999 at 5.50am.

On May 15, 2000, Justice Abdul Wahab Patail convicted and pronounced the death sentence on the two men.

At the onset yesterday, Karpal Singh, who represented Mohd Ashraf, told the court that Abdul Wahab had misdirected himself when saying in his judgment that it was unnecessary to consider the presumption under Section 37 (D)(a) of the Dangerous Drugs Act when calling for the defence of his client.

In urging the court to substitute the charge of trafficking to that of possession, he said the judge should have considered whether his client was in actual possession of the contents of the box before ordering Mohd Ashraf to defend himself.

"Here, not only did he not make a finding but said that it was unnecessary to do so," he said, adding that his client did not dispute the fact that he was found with the box of cannabis.

Bhagwan Singh, in appealing to the court to acquit and discharge his client against the charge, submitted that the judge had erred in his findings when drawing a presumption that Mohd Safarudin had knowledge of the contents in the box when in fact, the prosecution tendered no evidence to that effect.

He said the judge had also contradicted himself in his judgment when he said that there was no direct evidence linking Mohd Safarudin to the physical possession of the drugs when in fact he had earlier stated there was an irresistible inference between his client and the other accused.

DPP Jamal Mohamed, who agreed with Justice Abdul Wahab's findings, said there was no need to use the presumption under Section 37 (D)(a) of the Dangerous Drugs Act to convict the two men for trafficking.

"The exhibits, consisting of numerous packets of cannabis, were sufficient to prove that the drugs were meant for trafficking," he said.

1995-2001 Star Publications (Malaysia) Bhd (Co No 10894-D)

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Colin Farrell 2002
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