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Judicial CP - October 1998

Daily Express, Sabah, 13 October 1998

Indon jailed for raping girl, 10

KOTA KINABALU: An Indonesian was jailed 10 years after he admitted raping his uncle's 11-year-old adopted daughter recently.

Sessions Court judge Abdul Rahman Sebli on Monday also ordered Kornelis Kopong, 21, to be caned three times for the offence committed in his house at kampung Kemabong, Tenom, at 12pm on Sept 20.

Police investigations revealed that the girl was sent to stay with Kornelis family last April.

On that particular day, Kornelis took the opportunity to rape the girl after she was left alone with him as his mother and sister went to sell bananas in town.

After being raped by Kornelis, the girl went in search of her mother and found her at the railway station downtown.

The girl followed her mother home to kampung Halogiat in Beaufort, where she related the incident to her sister who in turn informed the mother.

On Sept 27, Kornelis was arrested after a police report was lodged.

Kornelis was charged under Section 376 of the Penal Code which carries a maximum 20 year's jail plus whipping upon conviction.


New Straits Times, Kuala Lumpur, 13 October 1998

Despatch clerk gets jail, rotan for having cannabis

PENANG, Mon. - The High Court today sentenced a 26-year-old despatch clerk to six years and six months in jail after he pleaded guilty to possessing 300.8 grammes of cannabis at a house in Kepala Batas, Seberang Prai Utara, last year.

Judge Datuk Zaleha Zahari also ordered Jefri Din to be given 10 strokes of the rotan and for the jail sentence to commence from the date of arrest, Feb 22 last year.

Jefri was charged with committing the offence at Permatang Kerai Kecil, Kampung Banggol, at 11pm on Feb 22 last year.

According to the facts of the case, Jefri was stopped by a team of policemen in Jalan Telok Air Tawar at 9.20pm on that day.

He later led the policemen to a house in Permatang Kerai Kecil where six plastic packets of cannabis and a block of compressed cannabis wrapped with newspapers were found.

Earlier, deputy public prosecutor Yunos Shariff amended the charge from trafficking in cannabis to that of possession.

In mitigation, defence counsel Jagdeep Singh Deo asked for a lenient sentence as Jefri had a family to support and had co-operated with the police during their investigations.

Yunos, however, called for a heavier sentence.

He said the court ought to take public interest into account in view of the seriousness of the offence.

Copyright 1998, The New Straits Times Press (Malaysia) Berhad. All Rights Reserved.


The Star, Kuala Lumpur, 29 October 1998

Addict escapes the gallows

TAIPING: A drug addict who was charged with trafficking in 235gm of heroin escaped the gallows yesterday after the High Court ruled that there was insufficient evidence.

Lim Eng Yew, 38, of Kampung Muhibbah, Sungai Siput, however, was jailed 12 years and ordered to be given 10 strokes of the rotan.

Justice Zulkefli Ahmad Makinudin said although the accused had escaped the death penalty, he was convicted under Section 12 (2) and punishable under Section 39A (2) of the Dangerous Drug Act 1957 for drug possession.

"There is no evidence to show that he was a trafficker," he said.

He said the accused had successfully rebutted the charge of trafficking because he had been a drug addict since 1984 and had four previous drug-related offences.

Justice Zulkefli said Lim's addiction to heroin was confirmed by a doctor and his urine test sample had tested positive.

He also said that Lim's brother, Eng Jit, had also testified that the accused was a drug addict.

He ordered the sentence to be effective from Aug 24 last year when Lim was arrested.

Lim was originally charged with trafficking in 235gm of heroin which is an offence under Section 39B (1) (a) of the Dangerous Drugs Act 1952 and faces the mandatory death penalty if convicted.

Copyright 1998 Star Publications (M) Bhd (No: 10894-D). All rights reserved

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