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Judicial CP - March 2005

Corpun file 15291


New Straits Times, Kuala Lumpur, 3 March 2005

Judges puzzled by illegal's case

By Rosnazura Idrus

PUTRAJAYA, Mar 2: The judges were baffled.

How could Ahmad Hussin Zamir Hussin, 34, a Myanmar national convicted for illegal entry and drug possession in 1992 and again for similar offences in 1995, still be in the country and trafficking drugs in 1997?

"How could he still be in the country when he is an illegal?" asked Court of Appeal judge Datuk Richard Malanjum after being told by deputy public prosecutor Ishak Mohd Yusoff of Ahmad Hussin's previous convictions.

"How could he be let out on the street, twice, and not deported?" asked another judge on the panel, Datuk Augustine Paul.

"And 'graduated' to a higher scale from the magistrate's court to the High Court. There seems to be a breakdown in the system, yet there are a lot of complaints," Malanjum added.

Ishak did not explain, but counsel Gurbachan Singh said Ahmad Hussin had told him his passport was held in Johor.

Earlier, Ishak said the Johor Baru magistrate's court in 1992 had jailed Ahmad Hussin for 15 months for drug possession and six months for illegal entry.

In 1995, the same court sentenced him to 18 months' jail for drug possession and 10 months for illegal entry.

Ishak's explanation came in reply to Gurbachan's plea in mitigation for Ahmad Hussin, whose drug trafficking charge was today reduced by the court to one of possession.

The charge was amended after Ishak conceded that the High Court judge had been wrong in convicting Ahmad Hussin of trafficking in 57.6g of mixed heroin and monoacetylmorphines on double presumption.

Ahmad Hussin was convicted of trafficking on May 23, 1998.

Following amendment of the charge, Ahmad Hussin pleaded guilty to possessing the drug at No. 28, Jalan Dato' Jaafar, Larkin Garden, Johor Baru, about 4pm on May 3, 1997.

After deliberating with Paul and another judge, Datuk Hashim Yusoff, Malanjum sentenced Ahmad Hussin to 18 years' jail and 10 strokes of the rotan.

"Make sure that after this he be deported," Hashim told Ishak.

Copyright © 2004 NST Online. All rights reserved.

Corpun file 15457


The Star, Kuala Lumpur, 4 March 2005

Habitual thief gets 17 years and whipping

By M. Mageswari

KUALA LUMPUR: An unemployed man who admitted to five housebreakings, two theft charges and failing to produce an identity card, was jailed a total of 17 years and four months and ordered to be whipped eight times.

Hafez Iskandar Zulkifli, 28, of Tanah Merah in Kelantan, was calm when magistrate Normazaida Ahmad Narihan imposed the sentences on him yesterday.

The court was told that Hafez, who had three previous convictions for housebreaking and assault between 1996 and 2002, had committed the crimes to obtain luxury items, including laptops and cash.

However, he will only have to serve 45 months in jail, as the sentences are to run concurrently from his date of arrest on Dec 14, 2004.

Hafez, who entered premises by breaking through office ceilings or doors, was sentenced as follows:

-- JAILED 45 months and ordered to be whipped four times for breaking into Uni Asia's office on May 25, last year and stealing a laptop, a watch, a pair of pearl earrings and RM300;
-- JAILED 24 months and ordered to be given a stroke of rotan for breaking into EON Bank in Jalan Raja Laut on June 2, last year and stealing a computer notebook, a cellphone and RM600;
-- JAILED 20 months for breaking into the Communications and Multimedia Commission at the PWTC in Jalan Tun Ismail on March 29, last year and stealing a laptop;
-- JAILED 30 months and ordered to be whipped once for breaking into the Perbadanan Usahawan Nasional Bhd office in Jalan Pinang on June 14, last year and stealing a laptop and a LCD projector;
-- JAILED 36 months and ordered to be whipped twice for breaking into Fiber Imperial Court in Jalan Sultan Ismail on April 8, last year and stealing RM2,077 belonging to U-Freight Malaysia Sdn Bhd;
-- JAILED 24 months for stealing two gold bangles and a gold bracelet worth RM1,000 belonging to secretary Ho Ngan Yin on Aug 23, 2001 at her office -- Malaysia Pasifik Land Bhd -- in Jalan Raja Chulan;
-- JAILED six months for failing to produce his identity card to police for inspection on the same day;
-- JAILED 24 months for stealing a bag, a pen and perfume belonging to one Malyana Abdul Malik on July 2, 2001.

For seven charges, he was also ordered to be placed under police supervision for a year.

Earlier, prosecuting officer Chief Insp A. Vasu pressed for a deterrent sentence arguing that the court should not let him roam freely in the streets, as he would return to commit similar offences.

"His place is in prison. He should be jailed for a longer period in order for other people here to have a peaceful sleep," he added.

© 1995-2005 Star Publications (Malaysia) Bhd (Co No 10894-D)

Corpun file 15451


Sunday Star, Kuala Lumpur, 6 March 2005

Returning to a changed world

A pardoned prisoner tells how he was unprepared for the changes in his hometown after being behind bars for 20 years. YIP YOKE TENG reports.


KAMAL (not his real name) was so overwhelmed by the changes in his hometown of Kajang that he had to take two painkillers and lie down for a nap. He never left Kajang, but the prison walls kept him isolated from the changes taking place.

The 48-year-old had spent the last 20 years serving his natural life imprisonment at Kajang prison. He had not expected to see the outside world again, but the Selangor Sultan?s pardon in 2000 gave him a new lease of life.

"I used to walk through the jungle to go fishing along Sungai Jelok. The trees are no longer there, all replaced by buildings. I could not imagine in my wildest dreams that this was where I used to live," said Kamal, who has adjusted to the new environment with his family?s unconditional support.

The tanned, grey-haired man who spoke fluent English was a 23-year-old brainy civil servant with a bright future ahead when he was arrested in 1980. According to Kamal, the weapon registered under his name was misused for criminal activities, and he was charged under Section 4 of the Firearms Act (Increased Penalty) 1971 that carried the mandatory death sentence.

Kamal then pleaded guilty to a reduced charge under Section 3(A), and was sentenced to natural life imprisonment.


"My first meal was mashed green pea with rice. I cried when I looked at it. How could a human being eat such a thing?

"I kept asking myself why I was there. Why was God punishing me? I had to spend my whole life inside. There was no more hope, only regret."

Four months later, he requested a transfer back to general prison because he did not want to become the oldest inmate in the "VIP division".

A communal riot broke out the following year; he managed to help suppress the fight and seize weapons from the prisoners. Since then, he became the middleman between warders and inmates, and was often appointed the leader in various activities.


Although Kamal behaved well, he could not escape from his punishment of six strokes of the rotan.

"The first stroke numbed my bottom. From the second stroke onwards, I felt like I was being hit by a truck! The scars are still there after all these years," he lamented.

Kamal saw the first ray of hope when officers from the Security Unit of the Prisons Department suggested that he submit a petition for pardon on the grounds that his father was old and frail. He knew his chances were slim, but was truly grateful to the officers who were trying to help him.

"I listened in disbelief when the two officers came and told me that I would be released the next day. I insisted on looking at the document. When the prison director came in with the paper, I was speechless. I could not describe how happy I was."

The next day, his family members -- over 20 of them including his nieces -- came in several vans to celebrate his release and escort him home.


Copyright © 1995-2005 Star Publications (Malaysia) Bhd (Co No 10894-D)

Corpun file 15367


The Star, Kuala Lumpur, 15 March 2005

Magistrates not swayed by sob stories from illegals

KUALA LUMPUR: They came with sob stories about supporting elderly parents and young children back home or being cheated by their agents, but the court ruled they had overstayed their welcome and sentenced them to jail for illegal entry.

Some of them would also be caned.

They were all arrested from March 1 for various immigration offences -- ranging from not having valid passes and overstaying to possession of forged passes -- following the expiry of the amnesty for them to return home voluntarily.

Two magistrate's courts here charged 57 Indonesian illegal immigrants, including five women.

Sixteen of the men were ordered to be whipped once besides being jailed for two or three months for not having valid passes or permits.

Perak Immigration Department officers keeping an eye on 29 illegal immigrants who were charged at the magistrate's court in Ipoh on Monday.

In IPOH, 20 illegal immigrants comprising 15 Indonesians, two Indian nationals, a Bangladeshi, a Thai and a Chinese national, pleaded guilty to various immigration offences.

Except for a man from Aceh who was jailed for 14 days, the rest were sentenced to one stroke of the rotan and jail terms ranging from three to six months.

Nine others -- four Myanmar nationals, a Thai, three Indonesians and a Bangladeshi -- who were also charged will have their cases heard on April 26.

Of the 29 illegal immigrants who were detained during operations carried out at various locations in Perak, 17 were charged with entering the country illegally, 10 with overstaying and two with possession of forged travel documents.

In Klang, 10 illegal immigrants were sentenced by a magistrate's court to between six and 12 months' jail and to be whipped after they pleaded guilty to unlawful entry into the country.

Eight were Indonesians while the other two were Indian nationals.

One of the Indonesians was given two strokes of the rotan while the others were to get one stroke each.

Thirty illegal immigrants were caught during raids conducted by immigration officers at construction sites, restaurants and homes here between Mar 2 and 6.

Copyright © 1995-2005 Star Publications (Malaysia) Bhd (Co No 10894-D)

Corpun file 15370


New Straits Times, Kuala Lumpur, 16 March 2005

Rapist's wish granted -- jail and rotan

By Jaspal Singh

IPOH, Mar 15: It was a strange request by any count but it was granted nonetheless.

A rapist surprised the Sessions Court here today when he requested that he be sentenced to eight years in prison and be given six strokes of the rotan.

And judge Ahmad Nasfy Yasin obliged!

Mohd Din Ismail, 26, had earlier been found guilty of raping a 14-year-old girl (now 20) at a house in Felcra Changkat Lada, Kampung Gajah, in the Perak Tengah District, around 2am on Jan 26, 1999.

When asked what he had to say in mitigation before sentence was passed, the jobless Mohd Din replied: "I ask the court to sentence me to eight years in jail. I also want to be given six strokes of the rotan."

He then turned around to the public gallery and smiled.

Mohd Din

 Mohd Din raped a 14-year-old.

Ahmad Nasfy, who seemed somewhat taken aback, told Mohd Din that sentencing an accused was the prerogative of the court but, nevertheless, obliged by granting his request.

"You have asked for eight years in prison and six strokes of the rotan. And I am giving you what you asked for," he told Mohd Din, who conducted his own defence.

The judge also ordered the sentence to commence from the date of his arrest, May 11, 2003.

The maximum jail sentence for rape under Section 376 of the Penal Code is 20 years imprisonment. Whipping may also be imposed.

Deputy public prosecutor Ahmad Shazili Abdul Khairy appeared for the prosecution.

Copyright © 2004 NST Online. All rights reserved.

Corpun file 15410

BBC logo

BBC News Online, London, 23 March 2005

Malaysia's floggers get pay rise

By Jonathan Kent
BBC News, Kuala Lumpur

Police round up illegal migrants

It will cost the government more to deal with illegal migrants.

Malaysia's 50 executioners and floggers are to get a pay rise.

Specially selected prison staff will see their bonuses for each stroke they inflict rise by over 300%.

Hangmen will get a 60% rise to reflect the difficult nature of their job - receiving 500 ringgit ($131) instead of the current 300 ringgit.

With threats to flog an estimated half a million illegal migrants thought to be hiding in Malaysia, prison officers could be in for a major windfall.

Foreigners caught and convicted of immigration offences can be whipped up to six times.

Previously, officers only received only three ringgit ($0.80) for each blow they struck using a rotan, a heavy bamboo rod.

But now they will get 10 ringgit ($2.60).

Executioners will also enjoy a pay rise in a country which has hanged some 358 people over the last 24 years.

According to the prison service, few officers applied to be executioners and the country is experiencing a shortage.

However, flogging jobs are hotly contested, with only one in five applicants being accepted.

The service says only hardened staff are suitable.

But the government has stressed that illegal migrants will be flogged gently in comparison with those sentenced for violent crimes.

Corpun file 15407


New Straits Times, Kuala Lumpur, 23 March 2005

RM10 for each stroke, RM500 for each hanging

By Mimi Syed Yusof

TAIPING, Mar 22: It?s not a windfall, but the men who hold two of the most unsavoury jobs in the penal system are to be paid more.

For every swing of the rotan, flogging officers now get RM10, up from the RM3 per stroke they used to receive.

For every hanging, executioners are now paid RM500, up from RM300.

The increase in allowances for officers assigned with these "special duties" was endorsed by the Public Service Department on Feb 24.

With this change, a flogging officer stands to receive RM2,000 for 200 strokes of the rotan delivered a month.

However, for executioners, the hike will not bring about much change in their earning capacity as executions are not held regularly.

For example, it is learnt that no execution had been carried out at the Taiping prison in the last two years.

There are some 50 flogging officers and executioners nationwide.

Internal Security Ministry Secretary-General Datuk Abdul Aziz Mohd Yusof said the increase in allowances for floggers and executioners had been long overdue.

Both types of officials were performing "challenging tasks".

He noted that only personnel who were "hardened" could perform an execution or administer whipping.

On the new salary scheme for the more than 11,000 prisons staff nationwide, Aziz said before the scheme could be implemented, it had to be approved by the Cabinet working committee on salaries and schemes of public service chaired by Prime Minister Datuk Seri Abdullah Ahmad Badawi.

"According to the regulations, the new scheme must get formal approval from the Cabinet working committee. We will submit it soon," he told reporters after the passing-out parade of 195 prisons personnel here.

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