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Judicial CP - July 2006

Corpun file 17795

Weekend Mail, Kuala Lumpur, 2 July 2006

37 years' jail, 30 strokes of rotan

By Sushma Veera

ABDULLAH Mohd Isa is going to spend the next 37 years behind bars. The 42-year-old, who sodomised an 18-year-old co-worker three times in 2003, will also be given 30 strokes of the rotan.

This same man has four previous rape convictions, for which he had spent 28 years in jail and was caned 12 times.

Abdullah showed his violent streak when he vented his anger at photographers who were snapping his pictures as he was led out of the Shah Alam Sessions Court on Friday.

Exiting the court room after sentencing, Abdullah lowered his head to avoid the cameras.

As he walked down the stairs from the first floor court room, Abdullah started spitting at Guan Ming Daily photographer, Sin Peng Yeow.

Undeterred, the photographers continued clicking away, irking Abdullah further. He started kicking wildly, breaking Sin's camera flash.

Earlier, the court was told that Abdullah's first molest offence was in 1982 in Sekinchan when he was 18 and jobless.

In 1986, he was acquitted of rape. Two years later, Abdullah, then 24, was convicted on four counts of rape. He was sentenced to 28 years behind bars and caned 12 times.

Deputy public prosecutor Samihah Rhazali urged the court to impose a stiff penalty on him.

“The accused has previous rape convictions and has been in and out of prison since 1982 but he is unrepentant. The court should also take into consideration the trauma faced by the (sodomy) victim.”

Abdullah was charged in July 2003, for sodomising the 18-year-old, who was also his housemate, on July 8, 2003, at 34, Jalan Pelangi 12, Taman Pelangi, Rawang.

He committed the offence between 10.30pm and midnight and repeated the offence on July 10 and 12, the same year.

He was charged under Section 377B of the Penal Code with committing carnal intercourse against the order of nature, which carries a maximum of 20 years' jail and whipping.

The victim was new to the city and had started work at the same factory as Abdullah. They both lived in a house rented by the company.

During the trial, the youth told the court that he did not know whom to complain to and that he was shy to confide in anyone.

Abdullah was alleged to have hugged the victim from behind while he was asleep and spread his legs before sodomising him.

Before sentencing Abdullah, judge Azimah Omar said: “This is not the accused's first offence. He has had previous convictions. He was released in 2000 after serving his sentences but committed sodomy three years later.

“This shows that the accused is not scared and feels no remorse. The court is taking into consideration public safety, as the society will not be able to live in peace as long as the accused walks among them", said Azimah.

WM says: Let's hope he learns his lesson this time...

Copyright © 2006 The Malay Mail Online. All rights reserved.

Corpun file 17796

New Straits Times, Kuala Lumpur, 2 July 2006

Judge admits error in calling for man's defence

KUALA LUMPUR: A High Court judge admitted yesterday that he had made a mistake in calling for the defence of a foodstall operator charged with drug trafficking. > "One must be brave enough to admit a mistake. I admit I made a mistake when ordering the accused to enter his defence," Judge Mohtaruddin Baki said.

"No evidence was adduced from the eight prosecution witnesses to suggest that the accused was trafficking. It was more of possession. Now, the court has decided to amend the charge."

This resulted in D. Suresh Kumar, 37, escaping the gallows. He was instead sentenced to 15 years' jail and 10 strokes of rotan for possessing 55.9g of a mixture of heroin and monoacetylmorphine.

The offence was committed at the Kentucky Fried Chicken outlet at 437, Batu 3, Jalan Ipoh here about 7.30pm on July 17, 2001.

Mohtaruddin said the court was satisfied with the testimony given by a police officer who saw the accused clutching a Kentucky Fried Chicken plastic bag that contained the drugs.

The drugs were placed in plastic packets, wrapped with paper and placed in the barrel pack of the fast-food outlet.

Following the charge being amended, Mohtaruddin granted a short adjournment. When the court resumed Suresh Kumar, of Jalan Ipoh, was told to enter his plea. He pleaded guilty.

Counsel S.S. Ruben in mitigation said his client's father was unemployed while his mother was running the foodstall alone.

"His mother is a heart patient," he said, adding his client was the eldest of four siblings and earned about RM1,500.

Deputy public prosecutor Zahruddin Mohammad Isa said the offence carried a punishment of minimum of five years' jail and maximum life imprisonment.

"Drug possession is a serious offence and is widely discussed among legislators on how to curb it," he said, adding that the accused had no previous convictions.

Mohtaruddin in sentencing said Suresh Kumar was lucky to escape the death penalty.

He ordered the sentence to begin from Suresh Kumar's date of arrest.

© Copyright 2006 The New Straits Times Press (M) Berhad. All rights reserved.

Corpun file 18900

Borneo Post, Kuching, 5 July 2006

129 foreigners put behind bars

KOTA KINABALU: One hundred and twenty-eight foreigners were yesterday jailed for between one and four months by the Sessions Court here yesterday for separate offences under the Immigration Act.

Thirty women and 82 men were jailed two months for illegal entry. The men were also ordered to be given one stroke of the rotan.

Meanwhile 14 men were jailed two months for overstaying and a man who was charged for possessing a fake IMM13 document was jailed one month.

Another man charged with abusing his social visit pass was jailed one month.

All the 128 foreigners were arrested at a workers' quarters in Telipok Ria Apartment construction site about 12.35 am on June 20.

A total of 43 foreigners were brought before Sessions Court Judge Duncan Sikodol and another 85 foreigners before Sessions Court Judge Ismail Ibrahim. Clarence Moncigil, Awangku Mohd Shaifful Awang Damit and Spencer Justin from the Immigration Department prosecuted the cases.

Corpun file 17988

New Straits Times, Kuala Lumpur, 17 July 2006

Judge shows leniency to youth caught with dadah

By R. Sonia

SHAH ALAM: Khishindran Nair Ramachand had everything going for him. He was from a good family and was soon to begin a diploma course in information technology and computer studies. But his family's hopes were shattered when he was caught in possession of drugs earlier this year.

Come September, when the 19-year-old was supposed to begin his course, he will instead be serving time at Kajang Prison.

Khishindran had pleaded guilty to two counts of possessing 3.7g of heroin and 4.2g of morphine in a petrol station toilet in Batu 8, Jalan Batu Caves in Selayang, Gombak, on Jan 31.

Sessions court judge Azimah Omar sentenced him to two years in prison and ordered that he receive three strokes of the rotan on each count.

Azimah gave him the minimum sentence, taking into account that he was still young and there was hope that he would repent.

The judge was also assured by Khishindran's family that they would help him get back on his feet.

"You come from a good family," the judge said. "Your parents love you. Your siblings look up to you. Is this how you repay them?

"You were caught with a lot of drugs. Common sense would tell you that nothing is easy or comes free in this world. Luckily, you were caught. Otherwise there would be no end to you committing this crime."

Azimah said she felt sorry for youngsters like him as they failed to realise the effect of drugs.

"You have a good background and your parents have spent so much money bringing you up. You must think of that. They do not want your money, just your respect."

Khishindran is the second in a family of three children. His elder sister is studying pharmacy while his younger sister is in Form Five. His father is attached to a private company.
They were all in court yesterday.

The judge asked his mother: "Does your son take drugs?"
She replied: "No."

Azimah again asked the mother if the family could look after Khishindran and prevent him from repeating the offence after his release.

The mother said she would send him to Ipoh where he would take his diploma in information technology and computers. After standing the court down for a few minutes, Azimah then passed sentence of two years' imprisonment and three strokes of the rotan for each offence.

She ordered the sentences to run concurrently from the date of arrest on Jan 31.

Khishindran was represented by Ari Krishnan, who appealed for a minimum sentence as the accused was a first offender.

© Copyright 2006 The New Straits Times Press (M) Berhad. All rights reserved.

Corpun file 18028

The Star, Kuala Lumpur, 21 July 2006

10 years and caning for having drugs

MUAR: A former Politeknik Ungku Omar student was sentenced to 10 years' jail and ordered to be given 10 strokes of the rotan for possessing 960g of cannabis three years ago.

Mohd Rakif Saidi, 23, who was brought to the High Court here and charged under the Dangerous Drug Act, pleaded guilty before Justice Datuk Jeffrey Tan yesterday.

He was arrested by a police team along Jalan Parit Othman, Parit Sulong, on May 15, 2003.

Mohd Rakif, who was riding a motorcycle along the village road, had tried to speed away when he saw a police team from the narcotics branch but was stopped.

Police found two packs of cannabis wrapped in newspaper in the motorcycle basket and detained him.

After Mohd Rakif pleaded guilty, counsel Daud Asmoni asked the court for a lenient sentence, saying his client, who was 19 years old then, was a first offender.

However, deputy public prosecutor Haslinda Abu Bakar pressed for a deterrent sentence, saying the crime committed involved a dangerous drug.

She said Mohd Rakif was very lucky that the prosecution decided to drop a more-serious charge of drug trafficking as he was arrested while transporting the drug.

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

Corpun file 18031

New Straits Times, Kuala Lumpur, 22 July 2006

Indonesian's sentence extended after review

KUALA LUMPUR: He was sentenced to 30 months' jail by a magistrate last week for a robbery at a High Court judge's house two years ago. But Indonesian national Burnanuddin, 28, never expected his crime to cost him so dear. Another High Court judge decided to review the case and enhance the sentence after reading about it in the newspapers.

Instead of serving the initial jail term, Burnanuddin now has to spend seven years in jail.

Not only that, he has to receive five strokes of the rotan.

The sentence will take effect only from August next year because he is now serving a two-year detention order under the Emergency Ordinance at Simpang Renggam for various offences, including robbery.

It ends on Aug 7 next year.

High Court judge Datuk Abdull Hamid Embong had called to review Burnanuddin's case on Tuesday.

Abdull Hamid was, however, surprised when the accused, who was supposed to be present in court last Thursday, could not be located.

An hour later, the court found out that he was in the Kajang prison, under a wrongly registered name.

Burnanuddin was given 30 months' jail by magistrate Nor Aziati Jaafar on July 12 after he pleaded guilty to committing an armed robbery and getting away with valuables worth RM16,700 from judge Datuk Siti Mariah Ahmad's residence.

He committed the offence with two other accomplices who are still at large at the judge's home on Jalan Duta at 3.45am on Sept 7, 2004.

Abdull Hamid also ordered that Burnanuddin be deported after he serves his sentence.

© Copyright 2006 The New Straits Times Press (M) Berhad. All rights reserved.

Corpun file 18047

The Star, Kuala Lumpur, 27 July 2006

Man jailed 16 years over death of trader

MUAR: A jobless man was sentenced to a total of 16 years' jail and ordered to be given eight strokes of the rotan for robbing and causing the death of a pangolin trader last year.

Sessions Court Judge Norazlan Ahmad sentenced Md Sani Abdul Rashid, 35, from Taman Pelangi, Tangkak, to eight years' jail yesterday for causing the death of Yeoh Kang, 54, on Oct 19, 2005.

JAIL TERM: Md Sani being escorted out of the courthouse after being sentenced yesterday for causing the death of a pangolin trader.

For robbing the trader, Md Sani was sentenced to another eight years' jail and ordered to be given eight strokes of the rotan.

According to the facts of the case, Md Sani and an accomplice, already sentenced to jail, carried out the crime at a quarry along the Tangkak-Segamat road at about 10pm on Oct 19, 2005.

They were said to have contacted the trader from Batu Anam in Segamat at about 7pm to sell some pangolins and arranged to meet him at the quarry area.

When the trader arrived with his 23-year-old daughter, the duo robbed them and handcuffed the trader's hands before forcing him into the car boot.

They drove the car away with the woman seated inside.

The trader was found dead after the car crashed into a ditch near Kampung Teratai.

Md Sani, who was unrepresented, had pleaded guilty to robbing the trader and causing his death.

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

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