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Judicial CP - February 2004

Corpun file 13155


New Sunday Times, Kuala Lumpur, 1 February 2004

Mixed reaction to caning move

KUALA LUMPUR, Sat. - Reaction was divided on the amendments to the Penal Code which mandate caning for convicted rapists above 50 years of age.

National Council for Women Organisation vice-president Puan Sri Fatimah Hamid Don said she agreed with the proposed amendments as there should be no distinction on the age for rapists.

"A crime is a crime, if there are senior citizens who commit such crimes, then they should pay the penalty. I do not see why they should be spared just because they are older," she said.

She expressed horror that a serial child molester who was jailed for only 16 months with four strokes of the rotan recently, saying "nobody should get away lightly".

Yesterday, Minister in the Prime Minister's Department Datuk Seri Dr Rais Yatim said he had directed the Attorney-General's Chambers to gazette the royal assent fast so that the new law could be enforced as soon as possible.

Under the amendment, convicted rapists will face jail terms of between 15 years and 30 years, and caning. Previously, senior citizens convicted of rape were spared the rotan.

National Council of Senior Citizens Organisations president Lum Kin Tuck opposed the idea, saying jail terms were enough and that it was "not proper to cane old people."

The 87-year-old said although senior citizens condemned crimes against children, many sexual crimes committed by the elderly stemmed mainly due to loneliness, which led to various problems.

"They do not talk to others and get very lonely, which causes some to lose their minds and senses. I think you should keep old people busy," he said.

He said the Government should have closer contact with the community and set up day-care centres in every constituency where senior citizens could congregate and hold discussions.

"We have nowhere to go to and no chance to talk to others. In this situation, preventive measures are more important than the punishment," he said.

Social activist Tan Sri Lee Lam Thye said senior citizens convicted of rape should not be spared the rotan.

"However, they would need to be certified medically fit first. We should not be lenient on this as rape is a despicable act," he said.

He said the community should respond positively to the amendment as rape cases, especially incest, were on the increase.

Malaysian Medical Association president Datuk Dr N. Arumugam said although the MMA could not say whether they were for or against the amendments, it was a fact that "health and not age" determined whether a person could be whipped or not.

"We can only assess whether it is dangerous, for example, for a person with severe illnesses. We will not be able to say if the criminal can be given two or three strokes, that is not our responsibility," he said.

Dr Arumugam said doctors had previously encountered problems with prison authorities who wanted them to be on the stand-by during the caning.

"We are not trained in that field and this puts pressure on us. It is our jobs to save lives. You can ask us to assess the person's health but not ask us to stand by during the caning itself," he said.

Bar Council president Kuthubul Zaman Bukhari said the council was generally against the caning of senior citizens, saying there was no reason to change the present penalties.

"The question is whether they are medically fit to be caned. If it has been passed by Parliament then we will have to let it be but I think the present laws are sufficient," he said.

On the jail terms of between 15 years and 30 years for convicted rapists, he said discretionary powers should be given to the judge to decide on the right sentence for cases.

Corpun file 13035


Utusan Express online, Kuala Lumpur, 20 February 2004

Auxiliary constable jailed 40 years for incest

BADROL Zamanuddin (R) sentenced to 16 years jail and six strokes of rotan while Zainal Zamanuddin (L) sentenced to 40 years jail are escorted by the police at the Sessions Court, Kampar, Feb 19. - Utusanpix.

IPOH Feb 19 - A 53-year-old auxiliary constable was jailed for 40 years by the Sessions Court here Thursday on three counts of incest involving two of his daughters while his 39-year-old brother, a security guard, was jailed for 16 years and ordered to be given six strokes of the rotan for incest involving another daughter.

The auxiliary constable pleaded guilty to two charges of incest involving his 21-year-old daughter and another charge of incest involving his 12-year-old daughter while his brother, a bachelor, pleaded guilty to incest involving his niece when she was 12 and again when she was 13.

The auxiliary constable, attached to the police station in Malim Nawar, Kampar, was sentenced to the maximum 20 years' jail on each of the two charges of incest involving his 21-year-old daughter. He escaped whipping as he is over 50.

Judge Rasidah Chik ordered the jail term to run consecutively.

The auxiliary constable was charged with committing the offence at their house in Malim Nawar at 2 am on Oct 27 last year and at 5 am on Jan 30 this year. He was arrested on Feb 9 following a police report lodged by the girl.

The court was told that he had used force on the girl and repeated the act several times but she could not remember the dates of the incidents.

In another court, judge Maznah Abdul Hamid sentenced the auxiliary constable to 20 years' jail when he pleaded guilty to incest involving his 12-year-old daughter at their house at 12.30 am in September 2003.

Maznah ordered the jail term to commence from the date of arrest.

In the same court, his brother pleaded guilty to incest involving another of his daughter.

He committed the offence when his niece was 12 at a house in Taman Pasir Puteh Selatan here at 2 am in November 2001 and she was aged 13 years four months at a house in Kampung Changkat Jering, Kuala Dipang, Jeram, at 3 am in March this year. He was arrested on Feb 13.

Maznah sentenced him to 16 years' jail and ordered him to be given three strokes of the rotan on each of the two charges. She ordered the jail term to run concurrently from the date of arrest.

Both of them were charged under Section 376 (B) of the Penal Code which carries a minimum jail term of six years and maximum of 20 years and whipping on conviction.

UTUSAN MELAYU (M) BHD., 46M, Jalan Lima Off Jalan Chan Sow Lin, 55200 Kuala Lumpur.

Corpun file 12813


The Star, Kuala Lumpur, 28 February 2004

Africans in 'black money' scam jailed

KUALA LUMPUR: Two Africans left home with high hopes of becoming professional sportsmen here but got involved in a "black money" scam instead.

A magistrate's court here yesterday jailed Kapya Demas, 28, from Zambia and Tienchi Alain, 33, from Cameroon, five months and ordered that they be whipped once for deceiving a businessman in a US$40,000 (RM152,000) fraud.

The two admitted trying to cheat Rashid Sabirullah, 34, by telling him that they could wash white and black paper and print US$500 (RM1,900) notes on it.

They also admitted to dishonestly inducing him to hand over the RM152,000 for a share of the money, which they claimed could be doubled after washing it.

They committed the offence at a hotel in Jalan Ipoh here at about 4.10pm on Dec 23 last year.

Magistrate Hanim Abdul Rahman also ordered the two to be jailed five months for failing to show any valid documents for entering Malaysia.

Both sentences are to run concurrently from their date of arrest.

Counsel V. Aravindhakshan, in mitigating for the two men, said Demas had aspired to become a professional rugby player while Alain wanted to be a professional football player.

Aravindhakshan said both men are married with children and have to support their families.

"Please consider that the two came to Malaysia with valid passports but lost it here and the crime did not involve any exchange of items with the complainant (the businessman).

He said the court should also take into account that both men were first-time offenders.

1995-2002 Star Publications (Malaysia) Bhd (Co No 10894-D)

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