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Judicial CP - December 1998

Daily Express, Kota Kinabalu, 3 December 1998

Having arms: Two get jail

TAWAU: The Sessions Court here sentenced two men to five years' jail for possessing a 0.38 revolver under Section 8 of the Dangerous Weapons Act (increased penalty).

Pelbi Minggi, 43, and Ahiruddin Sanding, 47, who earlier claimed trial to the charge last month, retracted their plea and admit to committing the offence.

Prosecuting Officer ASP Lukas Aket said Pelbi and Ahiruddin were arrested on Nov 2 and Nov 4 respectively leading to the weapon being discovered.

"On Nov 4, at about 4pm, the duo led police to a house in Kampung Tambikaloh, Semporna and showed the weapon as well as live bullets inside a black plastic bag," he said.

They also admitted using the weapon in a robbery.

Last month, both Pelbi and Ahiruddin were in fact being charged for three offences including in possession of another revolver and 24 live bullets.

They pleaded guilty to two of the charges and were each sentenced a total of four years jail each (two years jail for each charge), however they pleaded not guilty to the charge of possessing another revolver.

Judge See Mee Chun ordered the five years jails' term to run concurrently with the two charges and that both to be caned six strokes.

Instead of doing nine years in jail, both of them will spent only five months behind bars.

Copyright Daily Express, Sabah, Malaysia

Daily Express, Sabah, 4 December 1998

'Forked' into sex: Indon is jailed

KOTA KINABALU: An Indonesian was jailed 18 years and ordered caned six times for raping a 42-year-old businesswoman.

Judge Nurchaya Haji Arshad meted out the sentence in the Sessions Court on Tahir Sarifuddin, 21, for the offence under Section 376 of the Penal Code.

Tahir admitted raping the woman inside her business premises at Kampung Air at 9.30pm on the Christmas night in 1996.

According to Prosecuting Officer ASP Denis Leong, the woman was about to close her premises when she was approached by Tahir and an accomplice still at large.

Leong said Tahir went into the premises while his accomplice guarded outside.

Armed with a fork, Tahir threatened to harm the woman if she resisted and ordered her to have sex with him, the court heard.

The frightened woman was forced to comply with Tahir's demand, Leong said.

Leong told the court that Tahir took RM300 cash from a drawer and demanded more from the woman after raping her.

The woman was beaten up with a stick by Tahir when she tried to stop him taking money from another drawer, he said.

Before the sentencing, Leong informed the court that Tahir was sentenced by another court Oct 21 last year to eight years jail and three strokes of the cane for robbing the woman's RM300 cash.

Tahir had claimed trial to raping the woman on that day.

Nurchaya ordered the sentence to run concurrently with the penalty imposed by Akthar.

Copyright Daily Express, Sabah, Malaysia

The Sun, Kuala Lumpur, 15 December 1998

Addict gets five years and rotan for drugs

Kuching, Mon: A 37-year-old habitual drug addict was sentenced to five years' jail and ordered to be given three strokes of the rotan for having drugs and psychotropic pills by the sessions court.

Ho Peng Lai pleaded guilty to possessing 3.07gm of heroin and 12.23gm of psychotropic tablets at a house in Petanak Road at 5.10pm on Nov 7 last year.

Judge Yew Jen Kie sentenced Ho to two years' jail and to be caned three times under section 39A (1) of the Dangerous Drugs Act, which carries a maximum five years' jail and nine strokes of the rotan upon conviction.

Ho was also sentenced to 18 months' jail under section 12 (3) of the same act, which carries a jail term not exceeding five years or with a maximum fine of RM20,000 upon conviction.

Ho, serving an 18-month jail term for similar offences, was slapped with another 18 months' jail under section 30 (3) of the Poisons Act.

Yew ordered the sentences to run concurrently. -- Bernama

The Sun, Kuala Lumpur, 16 December 1998

22 years jail, rotan for raping minor

Sungai Petani, Tues: A 27-year-old office boy's cure for evil spirits got him a total of 22 years' jail and nine strokes of the rotan today when a sessions court sentenced him for raping a minor three times.

Mohd Faizal Ali, a Dewan Bahasa dan Pustaka employee, had posed as a traditional medicine man to commit the offences.

He pleaded guilty to three charges of raping the 14-year-old girl in a house in Taman Ria here between Oct 31 and Nov 2.

Judge Rosnaini Saub sentenced him to six years' jail and two strokes of the rotan for the first offence, seven years and three strokes for the second offence and nine years and four strokes on the third.

She ordered the sentences to run concurrently from the date of arrest on Nov 21. This means that Faizal will only serve nine years.

According to the facts of the case Faizal told the girl he was a bomoh and possessed powers to rid her body of evil spirits and cure her.

On the three occasions, he raped her after telling her to close her eyes, tie a yellow cloth over her face and change into a towel.

The victim, who thought Faizal was trying to cure her, related the incident to a neighbour and lodged a police report on Nov 14, two days after Faizal went missing.

Before he was sentenced, Prosecuting officer Annuar Abdul Rahman told the court to take into consideration the serious nature of the offence although Faizal had no previous criminal convictions.

The girl suffered mental trauma as a result of the incident, he added. Faizal, from Johor, who was staying with his relatives here, asked for leniency as it was his first conviction.

The Star, Kuala Lumpur, 19 December 1998

Crane operator jailed 12 years for raping minor

KUALA LUMPUR: A crane operator looked composed despite being sentenced to 12 years jail and ordered to be given three strokes of the rotan by a Sessions court yesterday, after he pleaded guilty of raping a 13-year-old a girl.

The first time offender, Abdul Razak Lal Bahadur Daud Hosta, 27, admitted raping the babysitter in a bedroom at his house in Kepong at 10.30pm on Dec 12.

When the facts of the case were read to him, Abdul Razak also admitted to taking the girl out for dinner and for a stroll to Chow Kit.

He then bought her a silver bracelet and also gave her RM10. After that he took the girl home and invited her to watch a pornographic movie with him.

On the same day at 10.30pm, Abdul Razak took the girl to his room and raped her.

After asking her to take a bath, he then sent her home on his motorcycle at 11.39pm.

Before the sentenced was passed, Abdul Razak said he got to know the girl on the same day and when he asked her for her age, she refused to tell.

"I did not force her. In fact the girl said if I wanted to 'play' with her, I would have to pay her money.

"I then paid her RM30. Later a few men came over to my house and beat me up and took me to the police station," he said urging the court for a lenient sentence.

He then asked the court to release him on bail.

Judge Mohd Zaki Abdul Wahab then explained to him that he could not get bail since he had already pleaded guilty to the charge.

Abdul Razak also said that he was married and that his wife was expecting their second child soon.

Deputy Public Prosecutor Yaacub Chik pressed for a deterrent sentence as the victim in this case was only 13 years old.

He then submitted a medical report to the court which stated that the girl was still a virgin before the incident.

"Abdul Razak should not have taken advantage of the girl and to compare their ages, the girl is very much younger to him.

"Going by the facts of the case, I urge the court to consider passing a deterrent sentence, he said.

In his decision, Judge Mohd Zaki said that the court viewed such cases seriously and noted that they were on the rise.

He said Abdul Razak as a husband and father should have been more responsible.

He said the court had to pass a heavy sentence after looking at the facts of the case and ordered the sentence to start from the date of the arrest on Dec 13.

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

The Star, Kuala Lumpur, 23 December 1998

Businessman with firearms jailed 13 years

KLANG: A 44-year-old businessman sentenced to 13 years jail and six strokes of the rotan for illegal possession of firearms and ammunition.

Lim Kim Swee was found guilty on the first count for illegal possession of a Smith & Wesson .38 SPL revolver under Section 8 of the Firearms Act 1971.

The Sessions Court also found him guilty of illegal possession of 15 rounds of Smith & Wesson .38 SPL ammunition and 38 rounds of Win Super Plus ammunition.

The accused committed both crimes at a pig farm at Batu 1, Sepang at 2pm on July 5, 1996.

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

Daily Express, Kota Kinabalu, Sabah, 23 December 1998

Molesting girl, 5: Indon jailed

TAWAU: A 35-year-old Bugis labourer on Tuesday was jailed 24 months after pleading guilty to a molest charge involving a five- year-old girl, under Section 354 of the Penal Code.

Magistrate Egusra Ali also ordered Rasdin Biau to caned thrice for committing the offence in his quarters at Syarikat Kilang Papan Permosa, in Bombalai near here, at 8am on Dec 8.

According to Prosecuting Officer Chief Inspector Habebah Abu Bakar, Rasdin lured the victim into his room on the upper floor of the kongsi, laid her on the bed and stripped off her underwear, before inserting a hard object into her private part.

He let her go after she cried in pain.

The victim, who was staying on the lower floor, related the ordeal to her mother who immediately took the girl to the hospital where she was warded for treatment.

The father, a company driver, lodged a police report on Dec 12 and Rasdin was arrest the same day.

Copyright Daily Express, Sabah, Malaysia

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