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Rape: Local gets three more strokes of cane on appeal BorneoPost Online | Borneo , Malaysia, Sarawak Daily News » Court - New 2 Sarawak

Rape: Local gets three more strokes of cane on appeal

Posted: 22 Nov 2013 09:44 AM PST

KOTA KINABALU: The High Court here yesterday dismissed an appeal by a local man against his conviction and sentence for statutory rape.

Justice Ravinthran Paramaguru also increased the three strokes of the cane imposed on Mohd Shahrizal Ishak, 26, to six strokes.

The court also dismissed the appellant's application for a stay of execution and ordered him to serve the jail term from yesterday.

The lower court had found Mohd Shahrizal, who was represented by counsel Hj Shukor Abdul Mumin, guilty of raping his 14-year-old girlfriend on August 23, 2011 at an unnumbered house in a Pitas village.

The appellant was jailed for 18 years and ordered to be whipped thrice for committing the offence under Section 376 (3) of the Penal Code.

The indictment carries a maximum of 20 years' imprisonment and whipping upon conviction.

The lower court also placed the appellant under police supervision for one year after serving his sentence.

Deputy public prosecutor Luke Ressa Balang acted for the respondent.

Meanwhile, in the Sessions Court yesterday, Kamrol Mulah, 18, claimed trial to raping a 15-year-old girl on a staircase at a shop in Kota Belud about 7am on November 12.

He was charged under Section 376 (1) of the Penal Code which provides for a jail term of up to 20 years and whipping upon conviction.

Judge Azreena Aziz fixed December 18 this year for case management and the accused was denied bail.

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Man denies misappropriating company’s money

Posted: 22 Nov 2013 09:42 AM PST

KOTA KINABALU: A personal care store employee yesterday claimed trial to a charge of misusing RM174.40 cash belonging to his employer.

Dennis @ Dennis Pius Monguanjin, 30, who was brought before deputy registrar of the High Court, Ryan Sagirann Rayner Jr, was charged under Section 403 of the Penal Code for misappropriating the cash of the company at a shopping complex here at 2.08pm on September 9.

The charge provides for a jail term of between six months and five years and whipping and a fine upon conviction.

Rayner Jr, who presided as a magistrate, released Dennis on RM4,000 bail with two local sureties, and set January 6 next year for case management.

In a separate case, a 40-year-old man was fined RM25, in default, five days' jail after he pleaded guilty to attacking a man with a belt at a rented house at Bandaran Berjaya here on November 19.

Harun Basarun was convicted under Section 8 (1) (e) of the Minor Offences Ordinance which carries a maximum fine of RM25 upon conviction.

In an unrelated case, local Viviani Wong pleaded not guilty to dishonestly receiving a stolen car at the roadside of Jalan Kampung Ulu in Putatan at 12.15am on November 15.

She faces a maximum jail of five years and also liable to a fine if found guilty under Section 411 of the Penal Code.

She was granted RM2,500 bail with two local sureties and the court fixed January 6 next year for the case management.

Prosecuting officer Inspector Lim Swee Beng prosecuted.

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Filipino jailed for possessing MyKad of another person

Posted: 22 Nov 2013 09:42 AM PST

KOTA KINABALU: A Filipino was sentenced to 12 months' jail by the Magistrate's Court here yesterday for possessing the identity card of a local man.

Deputy registrar Ryan Sagirann Rayner Jr imposed the sentence on Faizal Halim, 33, after he pleaded guilty to having the MyKad bearing numbers 931014-12-5695 at the Inanam police station on November 8.

He was charged under Regulation 25 (1) (o) of the National Registration Regulations 1990 which carries a fine of between RM3,000 and RM20,000, or a jail term of up to three years or both, upon conviction.

Rayner Jr, who sat as a magistrate, also ordered the accused to be referred to the Immigration Department after serving sentence for further action.

Prosecuting officer Inspector Lim Swee Beng told the court that the MyKad was referred to the National Registration Department which showed that the MyKad did not belong to the accused.

In an unrelated case, local Rezally Ramatan, 24, was jailed six months by the same court for trespassing into the army camp at Bukit Perwira here, on November 16.

He pleaded guilty under Section 448 of the Penal Code which provides for a jail term of up to five years or with a fine or both, upon conviction.

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Local, Filipinos deny misappropriating credit card

Posted: 22 Nov 2013 09:42 AM PST

KOTA KINABALU: A local man and two Filipinos denied in the Magistrate's Court here yesterday to their joint charge of misappropriating the credit card of a man.

George Chong, 28, Popoi Abdullah, 29 and Arman @ Emoh Taran, 22, who appeared before deputy registrar of the High Court, Ryan Sagirann Rayner Jr, were charged under Section 403 of the Penal Code.

The indictment provides for a jail term of between six months and five years, and whipping and a fine upon conviction.

The three accused had allegedly misused the credit card at 5.50am in November.

Rayner Jr, who sat as a magistrate, released Chong on RM4,000 bail with two local sureties pending disposal of the case.

Meanwhile, Arman also pleaded not guilty to another three charges of consuming syabu and houses trespass.

On the first count, he was caught at the Penampang police station on November 2 for allegedly consuming syabu.

The offence was framed under Section 15 (1) (a) of the Dangerous Drugs Act 1952 which is punishable by a maximum fine of RM5,000 or a jail term of up to two years, upon conviction.

For the second and third counts, he was accused of breaking into houses in Penampang and stealing a cellphone and a laptop on September 16 and October 9.

He was charged under Section 457 of the Penal Code which carries a maximum jail of 14 years and also liable to a fine upon conviction.

Popoi also claimed trial to the charge of house breaking and two counts of disposing of stolen items.

On the first count, he was alleged to have trespassed into a house at Jalan Bundusan, Penampang at 5am on October 30.

On the second and third charges, he was accused of disposing of the stolen hand phone and laptop between end of October and November 12 at a house at Jalan Bundusan in Penampang.

The indictment came under Section 414 of the Penal Code which carries a jail term that may extend to seven years and also be liable to a fine upon conviction.

The court set January 6 next year for case management of all their cases. Arman and Popoi were denied bail.

Prosecuting officer Inspector Lim Swee Beng prosecuted.

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Justice Mohtarudin recuses himself from hearing Anwar’s appeal on Peaceful Assembly Act charges

Posted: 22 Nov 2013 09:06 AM PST

PUTRAJAYA: Court of Appeal judge Justice Datuk Wira Mohtarudin Baki yesterday recused himself from a three-man bench of the court that was to hear Datuk Seri Anwar Ibrahim's appeal to set aside two charges he is facing under the Peaceful Assembly Act 2012 over his alleged involvement in the Bersih 3.0 rally last year.

Justice Mohtarudin said both he and Anwar 'berkongsi besan' (shared same in-laws) and due to the personal relationship, they were bound to bump into each other in 'kenduris' (feasts).

"I am not comfortable to hear the appeal. I would like to recuse myself," said Justice Mohtarudin.

The panel chaired by Justice Datuk Balia Yusof Wahi was scheduled to hear Anwar's appeal today but the matter was rescheduled to Feb 5 next year after Justice Mohtarudin recused himself.

The other judge on the panel was Justice Datuk Rohana Yusuf.

Justice Balia said the appeal would be heard by a new Court of Appeal panel.

Anwar, 66, is appealing against the Kuala Lumpur High Court's decision on Jan 18 this year which had dismissed his application to have two charges he is facing under the Peaceful Assembly Act be struck out.

Anwar was charged on May 22 last year with violating a court order by taking part in the Bersih 3.0 rally at Dataran Merdeka on April 28, last year.

Parti Keadilan Rakyat deputy president Mohamed Azmin Ali and Rembau PKR branch chief Badrul Hisham Shaharin were also charged with the same offence.

They are also facing another charge with abetting three individuals in disobeying a court order prohibiting any assembly at Dataran Merdeka that day, where they were alleged to have instigated R. Tangam, Rajesh Kumar and Farhan Ibrahim @ Alias to remove the barriers put up by the authorities at Dataran Merdeka.

Anwar was represented by counsel Karpal Singh while deputy public prosecutor Ishak Mohd Yusoff appeared for the prosecution. — Bernama

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Ex-Immigration DG out on bail after in prison for 23 days

Posted: 22 Nov 2013 08:26 AM PST

KUALA LUMPUR: Former Immigration director-general Datuk Wahid Md Don stepped out of Kajang Prison after spending 23 days, after the High Court here granted him bail pending his appeal against conviction for corruption.

The Sessions Court had on Oct 30 declined his application for stay against the six years' jail sentence and a fine of RM300,000 imposed by the court.

Justice Datuk Azman Husin allowed the application yesterday and raised the RM50,000 bail imposed by the lower court to RM200,000 in two sureties.

As additional condition, he ordered Wahid to surrender his passport to the court.

Azman also allowed the application for a land title to serve as collateral with Wahid's wife and his brother-in-law as bailors.

Wahid who was in red prison clothes and his head shaved, appeared calm and composed when he told Justice Azman that although life had been difficult in prison, he was well treated, including being able to perform his daily prayers.

Earlier, Malaysian Anti-Corruption Commission head of prosecution, Datuk Abdul Razak Musa did not object to the bail application, but objected to the stay of the RM300,000 fine imposed by the Session Court.

However, Wahid's counsel Datuk V Sithambaram argued that his client was not "flight risk" and had been attending all the court proceedings even without notice being served on him.

Justice Azman told Abdul Razak that Wahid's was a special case and the court was using its discretion in allowing the bail.

On Oct 30, the Sessions Court sentenced Wahid to six years' jail and fined him RM300,000 after he was found guilty of accepting a RM60,000 bribe to approve visas for Bangladeshi workers. He committed the offence at his house in Jalan Lembah Ledang, off Jalan Duta on July 10, 2008. — Bernama

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