» »Unlabelled » Juvenile rapist sent to Henry Gurney School BorneoPost Online | Borneo , Malaysia, Sarawak Daily News » Court - New 2 Sarawak

17:11:00

Juvenile rapist sent to Henry Gurney School BorneoPost Online | Borneo , Malaysia, Sarawak Daily News » Court - New 2 Sarawak

Juvenile rapist sent to Henry Gurney School

Posted: 18 Aug 2014 10:23 AM PDT

by Shalina Roseni. Posted on August 19, 2014, Tuesday

KOTA KINABALU: An 18-year-old will spend the rest of his teenage life in reform school for raping a primary schoolgirl.

Judge Azhaniz Teh Azman Teh ordered the accused to be sent to the Henry Gurney School until the age of 21 after he yesterday pleaded guilty to raping the girl.

The indictment was framed under Section 376 (2) (e) of the Penal Code which carries up to 30 years' jail and whipping, upon conviction.

Deputy public prosecutor Nartiah F Mirchelle Sambatan told the court that the juvenile delinquent lured the victim out of her house before raping her on the passenger seat of a Myvi car near the Papar District Council office between 2pm and 3pm on April 27.

He then sent the victim, who was 11 years and seven months old at that time, back home.

The victim then confided to her mother on what had transpired and the latter went to lodge a police report.

A hospital examination revealed two old tears in the victim's hymen.

In mitigating for a lenient sentence, counsel Edward Paul pointed out that his client's admittance to the offence was an indication that the accused needed to be rehabilitated.

He told the court that his client was remorseful, had cooperated fully with the police and attended the court proceedings diligently.

Edward also said that as a result of his wrong-doing, his client would have to forgo his intentions to further his studies until he has completed his sentence.

The prosecution, however, pressed for a deterrent sentence on the grounds that the offence was rampant and serious.

Nartiah highlighted the victim's age at the time of occurrence and stressed that the latter had been traumatized by the incident.

In the same court, Lee Swee Lian's fate will be decided on August 25 for attempting to lure a 30-year-old woman into prostitution.

Azhaniz set the date pending the completion of the facts of case for the 41-year-old accused who admitted to committing the offence at a petrol station at 9.50pm on May 26.

The charge, under Section 372A of the Penal Code, carries a penalty of up to 15 years' imprisonment and whipping, or both, upon conviction.

Print Friendly

Samples taken from murder accused prior to treatment

Posted: 18 Aug 2014 09:22 AM PDT

SIBU: Biological samples were taken from murder accused Jacob Tiang before he received treatment, the High Court heard yesterday.

Medical officer Dr Jeremiah Ding, 28 – formerly attached to the Sibu Hospital emergency and trauma department – testified to this when answering a question from Senior Federal Counsel (SFC) Yaakub Chik.

Dr Ding said he found no obvious external injury on the accused but there were some minor abrasion wounds on his neck and wrist.

Tiang, 44, is facing three charges under Section 302 of the Penal Code for causing the death of his wife Ling Yung Ming, daughter Christine and son Victor on July 5 last year between 6.20am and 9.50am at their house in Pulau Li Hua.

He is also charged under Section 307 of the Penal Code for attempting to cause the death of his son Vincent at the same place, time and day.

The accused is also charged for an offence under Section 309 of the Penal Code for his attempted suicide at the same place, time and day.

To another question, Dr Ding said the patient was complaining of feeling pain in his neck area.

He said the patient was able to move his neck during examination but it was tender on palpation.

SFC: What is palpation? Dr Ding: Palpation means when we touch a patient he feels pain. SFC: What is musculoskeletal pain? Dr Ding: It means pain of the skin, muscle and structural pain. SFC: Is it possible that these injuries were caused when the accused attempted to commit suicide by hanging himself on the neck using a belt? Dr Ding: It is possible. SFC: What is the cause of musculoskeletal pain at the left buttock of the accused? Dr Ding: I am not sure. The accused did not elaborate. SFC: What could be the cause of that musculoskeletal pain at the left buttock? Dr Ding: Normally pain at the buttock, it is a fall from a height. SFC: Is it possible that his pain at the buttock was caused when the attempted suicide failed? Dr Ding: It is possible.

Upon cross-examination by defence counsel Ben Lau, Dr Ding agreed that the injury sustained by the accused was very mild.

To a question, he said it was not possible that the neck abrasion wounds would have appeared in the event another person held a cloth and strangled the accused.

He said it was possible that the wounds were not caused as a result of attempted suicide.

To a further question, Dr Ding said it was possible the musculoskeletal pain at the left buttock of the accused could have resulted from a person sitting and driving a vehicle on a long distance journey.

On re-examination by SFC, Dr Ding said he did not mention there were abrasion wounds on Tiang's neck in his medical report because the patient did not complain much about the wounds.

He replied that it was possible that from looking at the abrasion wounds on the neck and his diagnosis of musculoskeletal pain at the anterior neck and left buttock that the accused may have tried to commit suicide.

The hearing before Judge Supang Lian continues today.

Print Friendly

Lo: Court ruling emboldens employers to bust unions

Posted: 18 Aug 2014 09:09 AM PDT

KUCHING: The Malaysian Trade Union Congress (MTUC) Sarawak Division is disappointed with the Federal Court for refusing to grant leave to president and secretary of the Trienekens Employees Union to appeal against their dismissal in 2008.

Its secretary Andrew Lo said the two officials were employed as lorry driver and loader by Trienekens Sdn Bhd, a corporation responsible for rubbish collection in the city.

"They were dismissed for writing and distributing a union circular (which is at the instruction of the union) that called for a boycott of the company's family day, which was held on a Sunday.

"MTUC deeply regrets that the country's highest court declined to clarify the law on the protection accorded to Trade Unions Officials against discrimination under the Section 5 and 59 of Industrial Relations Act and believes that it will create uncertainty and concerns among all employees and may lead to industrial unrest," he said in a statement yesterday.

Lo said the union "is extremely worried that employers are now emboldened to embark on union busting and to rid of trade unions by dismissing key officials." He said it might also spell the death of in-house Unions, which he claimed "is greatly encouraged by the government."

"This is because officials of in-house unions are all employees of the company and their job will be at risk if they write any union circular or take part in any trade union activity that the employer dislikes.

"Since the court declined to address the law relating to Section 59 of the Act, MTUC now calls on the Minister of Human Resources and the Public Prosecutor to prosecute the company under this section, which essentially makes it an offence for an employer to dismiss an employee because he is a member or official of a trade union or to take part or promote trade union activities." He added MTUC Sarawak would consider filing a complaint to the International Labour Organisation, of which Malaysia is a member.

Print Friendly