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Judicial CP - February 1999

Daily Express, Sabah, 2 February 1999

Samurai murder over birds nests

SANDAKAN: A Filipino was jailed eight years for stabbing a 40- year-old man with a samurai sword upon over bird nests.

Sessions Court Judge Hakim Gunting Sangau here Monday also ordered Muin Lakian to be whipped five times for committing the offence at Taman Fuliwa of Jalan Utara here at 11.30pm on Jun 1997.

Insp PY Choo who appeared for the prosecution told the court that Gubat Ricky Haji Ismail had one of his fingernails cut-off apart from being stabbed in the face during a struggle with Muin over bird nests at Gua Gomantong.

In presenting the facts of the case, Choo said the incident happened while the victim was on his way to a friend's house to take his housekeys when he was suddenly attacked by Muin armed with the sword from behind.

The victim managed to get help after he ran towards the security guard's house nearby.

Muin pleaded guilty to the offence under Section 326 of the Penal Code which carries a jail term of up to 20 years plus either a fine or whipping upon conviction.

Copyright Daily Express, Sabah, Malaysia

Daily Express, Sabah, 2 February 1999

Man gets jail for raping wife's niece

KOTA KINABALU: A lorry driver was sentenced to jail 22 years and ordered caned six times for raping his wife's relative on two occasions.

Awang Hussin Awang Ali, 28, received the sentences Monday after he pleaded guilty to two counts of raping the underaged girl on two occasions at Kampung Lapasan Tenghilan, Tuaran, near here, between Aug 28 and Sept 1 in 1998.

He received 11 years' jail plus three strokes of the cane for each count. Sessions Court Judge Abdul Rahman Sebli ordered the sentences to run concurrently from the date of Awang Ali's arrest.

Prosecuting Officer ASP Bernard Leo told the court that Awang Ali's misdeeds was discovered by her aunt after reading the girl's diary.

He said the girl then broke her silence and told her aunt what had actually happened when questioned.

Awang Ali was arrested on September the same year following a police report lodged by the girl.

It was revealed that Awang Ali had raped the girl and threatened her not to tell anyone about it.

Frightened, the girl jotted down her ordeals in her diary which were later recovered by her aunt.

Awang Ali was charged under Section 376 of the Penal Code which carries a jail term of between five and 20 years plus canning upon conviction.

Copyright Daily Express, Sabah, Malaysia

New Straits Times, Kuala Lumpur, 9 February 1999

16 years, eight strokes for man who raped sister

KANGAR, Mon. - A 24-year-old labourer, Syamlee Sudin, who pleaded guilty to twice raping his sister, aged 18, last month was today sentenced to 16 years' jail and ordered to receive eight strokes of the rotan.

Sessions Court Judge Ridwan Ibrahim ordered the 16-year imprisonment on each count of rape to run concurrently from today.

Deputy public prosecutor Abdul Razak Musa said the accused fetched the victim from Kampung Bakau, Kangar, and took her to his own house at Kampung Binjal, Chuping, about 10pm on Jan 5. Along the way the accused stopped his motorcycle at a secluded spot on the pretext of easing himself.

"Instead he forced her to have sex with him," the DPP said.

Syamlee also raped the sister at his house which was then vacant.

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

Sarawak Tribune, Kuching, 10 February 1999

Rapists get 7 years' jail, three strokes of rottan

By Letitia Samuel

KUCHING - Two men who had pleaded guilty in the Sessions Court here to raping an underaged girl about four years ago, were yesterday sentenced to seven years' jail and to be given three strokes of rottan each.

In passing the sentence against Yunus Pauzi and Jeremy Mohamad Suhai, Session Court judge Yew Jen Kie said the sentence was more to rehabilitate the accused for their wrong doing as she believed that they were remorseful and wished to turn over new leaf.

Deterrent sentence would not deter any would-be offenders from committing similar offences judging from the number of rape cases which are on the increase, said Puan Yew who also took into consideration the public and the girl's interest in sentencing.

However, the judge said she could not overlook that both accused had committed a serious offence that left a traumatic effect on the girl and the circumstances that she was raped.

She also said that both accused did not show any compassion to the girl who was earlier raped by a group of men and instead of helping the girl whom they found naked, both accused turned a deaf ear and blind eyes on her.

The judge hoped that the girl's family would support and gave her encouragement to overcome her traumatic experience and move on with life. Both Yunus and Jeremy appeared calm when the sentence was passed on them.

They had pleaded guilty to raping a girl who was 14 years old then at a construction site near Taman Mawar in Matang here some time between midnight and 2.30am.

They were charged under Section 376 of the Penal Code which carries a maximum of 20 years' jail term.

According to the facts of the case which was presented by the Deputy Public Prosecutor, Marutin Pagan, the court heard that both accused took turn to rape the girl after a group of men had raped her earlier.

The court also heard that the girl was with her friends when they were approached by a group of men.

The girl's friend managed to run off leaving the girl behind. After the group of men caught up with her, they striped her naked and gang-raped her.

After the other men had left, both accused arrived and when they saw the naked girl, they also raped her.

In mitigation, both accused asked for leniency saying that they regretted their act. Jeremy also told the court that he is married and has a young child.

Copyright 1996 Sarawak Press Sdn. Bhd. All rights reserved.

Sarawak Tribune, Kuching, 23 February 1999

Smoking among students

Study shows it's a growing problem

By Fraser Barui

KUCHING - Smoking among students is a growing problem which needs to be curbed at grassroot level by all urgently, the director of State's National Drug Agency, Encik Mohd Nasir Che Man said.

He disclosed that a study carried out by the Agency last year, which involved about 2,000 students from 65 secondary schools throughout the State, showed about 95 percent of them smoke.

However, he added, only one was tested positive for drug, "but efforts have to be made to prevent and curb drug-abuse activities among our children and the younger generations."

HOW IT'S DONE ... Corporal Hanif Ali (right) and Corporal Ariffin Jamil from Kuching Central Prison demonstrating how whipping is done.


Meanwhile, Encik Mohd Nasir disclosed that the national-level anti-drug campaign, which had been an annual event since February 19, 1983, was aimed at creating public awareness on the dangers of drug abuse and to increase public and non-governmental organisations (NGOs)'s involvement and understanding of anti-drug campaign programmes. It was also in line with the Agency's objectives, i.e. to prevent drug abuse, treat and rehabilitate the addicts.

Besides students, school leavers and civil servants were also the target groups to be given emphasis to follow and participate in the various prevention programmes.

At yesterday's ceremony, apart from anti-drug exhibition, demonstrations on whipping by personnel from the Kuching Central Prison and drug tracking by the Custom Dog Unit were also carried out.

Copyright 1996 Sarawak Press Sdn. Bhd. All rights reserved.

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Copyright Colin Farrell 1999