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Judicial CP - November 1998

New Straits Times, Kuala Lumpur, 12 November 1998

Stiffer penalties to curb abuse of pep pills 'effective'

KUALA LUMPUR, Wed. - Efforts to curb the abuse of Ecstasy pills, syabu and other types of amphetamines, through amendments to the Dangerous Drugs Act 1952, have proven effective, Health Minister Datuk Chua Jui Meng said today.

He said the increased penalties introduced in the amended Act could have been instrumental in a significant drop in the seizure of Ecstasy pills from 20,276 pills in 1996 and 38,389 pills in 1997 to 5,002 pills up to October this year.

"The increased penalties were gazetted recently after being passed in the June Parliament session and came into force on Sept 15," he told a Press conference.

Ample warning had been given since last year, he said, of the impending increase in penalties which include caning and the death penalty.

The law now states that any person in possession of 50 grammes or more of such substances will be presumed to be a trafficker.

Unless he can rebut this presumption, he will face the mandatory death sentence upon conviction.

Chua added that those who possess 5g or more but less than 30g will be subjected to a two to five year jail term and also three to nine lashes of the rotan.

Those possessing 30g and more but less than 50g can be subjected to life imprisonment or a jail term of not less than five years and be given not less than 10 lashes.

"We have found that because of the deterrent effect of the sentences which can now be imposed by the court, the amount of Ecstasy pills seized for example, has decreased," he said.

However, he said, the amount of syabu (better known as ice) seized in Sabah and Sarawak, had almost doubled from 2.086kg in 1997 to 5.28kg up to October this year.

"Syabu is still a problem in Sabah and Sarawak but not in the peninsula," he said, adding that the pills were smuggled in through the Philippines.

Chua also warned those involved in trading of such stimulants that the Government viewed very seriously the matter of dangerous drugs being imported, sold, distributed or possessed in this country.

Ecstasy and syabu pills are just two among a list of amphetamines under the dangerous drugs schedule.


The Star, Kuala Lumpur, 17 November 1998

Liberian escapes death on reduced drug charge

By Chelsea L.Y. Ng

KUALA LUMPUR: A Liberian escaped death row yesterday after the Court of Appeal set aside his conviction for trafficking in heroin.

However, the court sentenced him to 18 years in jail after reducing the charge to possession of 327.3gm of heroin.

Justice Shaik Daud Ismail, sitting with Justices Abu Mansor Ali and Haidar Mohd Noor, unanimously set aside Nobies Weah Ezike's conviction under Section 39B of the Dangerous Drugs Act in January last year.

In addition, the panel also ordered that Ezike be given 15 strokes of the rotan.

Justice Shaik Daud said the trial judge erred in not making expressed and affirmative findings of the possession of the drug in the soles of the appellant's shoes.

On that score alone, the appeal was allowed.

In passing sentence, Justice Shaik Daud told Ezike, 29: "You are quite lucky that we did not confirm the trafficking charge against you. The amount here is very substantial.

"Drug offences in this country are looked upon very seriously. I think it is quite well-known around the world. Foreigners coming into the country would know about it," Justice Shaik Daud said.

Ezike, who claimed to be a national footballer, was tried on a charge of trafficking in the heroin in Room 304, YMCA Hostel, Jalan Padang Belia off Jalan Tun Sambanthan here at 4.20pm on March 9, 1996.

He was found guilty and sentenced to death on Jan 10 last year.

Earlier, Ezike's counsel Karpal Singh had argued that the High Court judge was wrong in holding that Ezike should be, until the contrary was proved, presumed to be trafficking the heroin hidden in the soles of a pair of shoes found in his room.

Karpal Singh urged the court to reduce the charge against Ezike, who has been in remand since his arrest on March 9, 1996.

Deputy Public Prosecutor Kamaruzaman Abdul Jalil argued that there was no necessity for the judge to make a finding on the presumption as there was evidence of trafficking in Ezike's case.

He said the judge had made a finding about Ezike's possession of the drugs in the shoes.

The Star, Kuala Lumpur, 17 November 1998

Man jailed six years for trying to sodomise room mate

KUALA LUMPUR: A sundry shop assistant was jailed a total of six years and ordered to be given two strokes of the rotan for two counts of attempting to sodomise his 14-year-old room mate.

Azmi Aziz, 30, pleaded guilty in the Sessions Court yesterday to two amended charges of attempting to sodomise the boy in their room at a flat in Taman Angkasa, Pantai Dalam, at 6am and 2am on Oct 8 and 9, respectively, last year.

Judge Mohd Zaki Abdul Wahab sentenced Azmi to three years' jail and a whipping for each count.

However, he ordered the sentences to run concurrently from the date of Azmi's arrest on Oct 13, last year.

Deputy Public Prosecutor Mohd Azhar Abdul Hamid told the court that Azmi, on both nights, had tried to sodomise the boy after he entered their room and forced the boy to take off his pants.

He said, however, that the boy managed to stop Azmi from sodomising him.

Earlier in the morning, when told that the offence carries a maximum 10 years jail, Azmi fell on the bench in the dock and put his hands on his face.

Azmi, however, appeared calm when Judge Mohd Zaki delivered his judgment at 2pm.


Daily Express, Sabah, 19 November 1998

Back to jail plus rotan for ex-con

KOTA KINABALU: A three-time former convict was jailed a total six years and ordered to be given five strokes of the rotan for committing another four similar offences of housebreaking and theft.

Sarayah Taib, 34, pleaded guilty to two charges before Magistrate Zaman Mohd Noor and two more before High Court Senior Assistant Registrar Siti Zulaiha Abdullah on Wednesday.

He was also ordered to be placed under police supervision for one year after completing his jail term.

Prosecuting Officer Insp Abdul Rahman Atan told Zaman that following a police report lodged by one Parijan Abdul on Nov 3 claiming that her house in Taman Sempelang, Tanjung Aru near here, was broken in.

Following the report and tip-off from a member of the public, police raided Sarayah's house in Kampung Sembulan Baru near Taman Sempelang and recovered a bicycle there.

The bicycle was brought to the Tanjung Aru police station and Parijan was asked identify if the bicycle is one of the stolen items from her house.

Parijan identified the bicycle as hers.

Sarayah was arrested on the same day.

Police investigations revealed on Nov 3 at 12.30am, Sarayah broke into Parijan's house and stole a television, video player, hi-fi and some other items.

He then placed the items into Parijan's car which he drove off at 5am.

The car was recovered by Parijan's husband parked by the road side of Jalan Kebajikan, Sembulan Baru near here.

However, Abdul Rahman told the court that the stolen items worth RM6,850 could not be recovered.

Sarayah was jailed two years and ordered to be given three strokes of the rotan after he pleaded guilty to the offence under Section 457 of the Penal Code carries a jail term up to 14 years.

The court also jailed him another two years for stealing the car.

The sentences were ordered to run concurrently.

Sarayah also received two years and two strokes of the rotan on two similar charges before Siti Zulaiha.

Sarayah admitted committing a similar offence at the same place but at two different houses between Oct 29 and Oct 31.

Prosecuting Officer Amnach Ee Niam said that Sarayah broke into house numbered 43 at Taman Sempelang and stole a gold bracelet and ring as well as a diamond ring worth a total of RM2,850.

Amnach said the next day Sarayah sold the jewellery to a foreigner for RM400 which he used the money to buy drugs.

On Oct 31 at 2am, in an attempt to break into one Patrick Sindu's house, he was spotted by the maid and fled.

He received six months and fined RM2,000 or two months more for the offence.

Amnach told the court that all the stolen items were not recovered.

However, Sarayah will only serve two years after Siti Zulaiha ordered the sentence of the two charges that she imposed to run concurrently and consecutively with the earlier penalty imposed by Zaman.

New Straits Times, Kuala Lumpur, 19 November 1998

Lecturer gets jail, rotan for dadah

By Sulok Tawie

KUCHING, Wed. - A Government technical college lecturer was jailed 10 years and ordered to be given 10 strokes of the rotan after he was found guilty on two dadah-related charges.

Azman Zamburi, 26, from Johor, was charged with possessing 64.78 grammes of cannabis between 11am and 12.05pm on June 29.

The cannabis was found inside a wooden box placed in the compound of his rented house in Taman Bunga Kenanga, off Taman Rose, Petra Jaya here.

He was also jailed one year on a second charge of possessing 0.17 grammes of cannabis.

Sessions Court judge Augustine Liom ordered the sentences to run concurrently with effect from the date of arrest on June 29.

The judge said the defence had failed to raise a reasonable doubt on the prosecution's case.

In passing sentence, Liom said he took into consideration that Azman, being a lecturer, was able to exercise some influence on his students.

He also said he took into account the rampant dadah cases in the country and the fact that the accused had co-operated well with the police in their investigation.

In urging for a deterrent sentence, Deputy Public Prosecutor Suhaimi Ibrahim said the punishment should reflect the seriousness of the offence.

Azman was represented by Charles Kanavathi.


Daily Express, Sabah, 24 November 1998

50 yrs for death, rapes

SANDAKAN: A former security guard was jailed a total of 50 years by the Sessions Court here Monday, after pleading guilty to four counts of manslaughter, causing grievous hurt and rape involving three children early this year.

Judge Sangau Gunting also ordered Shamsudin Sariman, 33, to be caned a total of 11 times on three of the charges for committing the offences at the Ulu Dusun Jaya Bakti Scheme, Mile 36 Jalan Labuk near here, on Feb 24.

Prosecuting officer Chief Inspector PY Choo earlier told the court that Shamsudin, then a security guard, had killed Rusdi Suardi, eight, seriously injured Firman Mansur, 10, and raped Suardi's five-year-old sister.

The incident took place at 8am while the children were on their way to catch some fish at a nearby stream.

Shamsudin was arrested by police while hiding in Papar on Aug 4, and was handed over to the Sandakan police for further investigations.

He was subsequently detained under Section 117 of the Criminal Procedure Code for investigations under Section 302 (for murder) and Section 376 (statutory rape) of the Penal Code.

Shamsudin was jailed 16 years for causing the death of Rusdi on the first charge under Section 304 of the Penal Code, and nine years plus five strokes of the cane for inflicting serious injuries on Firman on the second charge under Section 326 of the Penal Code.

He was also slapped with two counts of rape against the little girl.

For the third charge under Section 325 of the Penal Code, he was jailed 10 years plus five strokes of the cane for raping the girl against her will.

As the same victim was underaged, he was jailed 15 years plus a caning on the fourth charge under Section 376 of the Penal Code.

Sangau ordered the first and second charges to run consecutively, and the third and fourth charges consecutively, with the jail sentences to begin from the date of arrest.

Daily Express, Sabah, 25 November 1998

Illegal who brought in more illegals jailed

KOTA KINABALU: A Filipino illegal immigrant pleaded guilty in the Sessions Court Tuesday to bringing in four Filipinas into Sabah illegally.

For that Bitagam Kabu, 26, would serve two years in jail and receive three strokes of the rotan.

Bitagam had earlier admitted before Sessions Court Judge Abdul Rahman Sebli to bringing in the Filipinas in a boat on Nov. 15.

Prosecuting Officer ASP Bernard Leo told the court Bitagam and the Filipinas were arrested at a hut in Kampung Bakau, Likas, near here, at 5am on Nov 17.

The Filipinas and Bitagam did not possess any valid travelling document when arrested.

Two of the Filipinas, Rosalia Arcenes, 42, and Betty Allego were jailed three months each. The other two - Nonia Allego, 42, and her 28-year-old sister Nestor - were jailed six months each by Sessions Court Judge Nurchaya Haji Ashad.

Bitagam was charged under Section 55 (A) (1) of the Immigration Act 1959/63 which carries a maximum RM50,000 fine or jail term of up to five years or six strokes upon conviction.

The four Filipinas were separately charged under Section 6 (1) (c) of the Immigration Act 1959/63 which carries up to five years' jail or RM10,000 fine.

They were ordered to be referred to the Immigration Department for deportation upon the completion of sentences.

Copyright Daily Express, Sabah, Malaysia


Daily Express, Sabah, 28 November 1998

Jail and rotan for slashing fellow farmer

KOTA KINABALU: Slashing another farmer's hands using a parang has landed a 45-year-old man a two-year jail term plus seven strokes of the cane in the Sessions Court Friday.

Amiruddin pleaded guilty committing the offence at Kampung Sawah, Tuaran near here, around 10am on Nov 15 as charged under Section 326 of the Penal Code which carries a jail term up to 20 years and either fine or caning.

Judge Nurchaya Haji Arshad was told by Prosecuting Officer ASP Denis Leong that both right and left hands of one Masri Sorro were slashed by Amiruddin with a parang.

Police investigation revealed on that particular morning, Amiruddin went to his plantation bringing a parang with him and found that all the banana trees that he planted had been felled.

He then rushed to his nearby cousin's house and confronted Masri.

A fight ensued after Masri admitted felling Amiruddin's banana trees planted on his rented land.

Amiruddin took his parang out and slashed Masri's both hands.

The victim also sustained injuries on his back and was rushed to the hospital by the people who witnessed the incident.

Amiruddin later surrendered himself to the police.

In another Sessions Court room, a 32-year-old man was jailed for drug possession.

Chan Foot Onn pleaded guilty before Judge Abdul Rahman Sebli to possessing 0.14 grammes of syabu at the Suang Hee Hotel in Segama Complex here at 9.25pm on Sept 3 last year.

Meanwhile, a Filipina was jailed six months for possessing a forged Malaysian Identity Card (IC).

Magistrate Siti Badariah Mohd Yusof meted out the sentence after Julma Layuhid, 30, admitted to committing the offence at the Kota Kinabalu International Airport here at 12pm on Sept 22.

The IC was sent to the National Registration Department in Lahad Datu and confirmed as forged, Prosecuting Officer Insp Amnach Ee Niam said.

Copyright Daily Express, Sabah, Malaysia

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