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Youth’s jail term for rape, sodomy reduced on appeal BorneoPost Online | Borneo , Malaysia, Sarawak Daily News » Court - New 2 Sarawak

Youth’s jail term for rape, sodomy reduced on appeal

Posted: 02 Sep 2014 05:14 PM PDT

KOTA KINABALU: A local youth had his 15 years jail sentence reduced to 10 years after the High Court here allowed his appeal yesterday on five convictions of raping and sodomizing a teenage girl.

In allowing the appeal, Justice Ravinthran Paramaguru ordered for his jail terms of five years each imposed by the subordinate court for two rape convictions to run concurrently.

However, the judge did not disturb the appellant's sentence of six strokes of the cane and also dismissed a cross appeal by the prosecution, who wanted the jail terms to be enhanced.

The lower court had sentenced the appellant to a total of 25 years' jail after he was found guilty of the five charges for each of which he received five years' jail term.

For the first and second charges, he was ordered to serve the sentences consecutively while the rest were to run concurrently.

The rape charges under Section 376 (1) of the Penal Code is punishable with imprisonment for a term of not less than five years and not more than twenty years, and shall also be liable to whipping, upon conviction.

The appellant was found guilty of committing the rape offences at different places in Pitas between January 2012 and May 2012.

He was also found guilty of committing carnal intercourse against the order of nature on the same victim at an unnumbered house in a village in Pitas on May 29, 2012.

The offence under Section 377B of the same Code is punishable with imprisonment for a term which may extend to twenty years, and shall also be liable to whipping, upon conviction.

The lower court had sentenced him to be given two strokes of the cane on the first count of rape while for the other charges he was to receive one whipping each.

Deputy public prosecutor Dominic Chew Ban Huat appeared for the respondent.

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Man jailed, caned for robbing, biting off cabbie’s thumb

Posted: 02 Sep 2014 05:13 PM PDT

by Suraini Andokong. Posted on September 3, 2014, Wednesday

KOTA KINABALU: A man who robbed a taxi driver and bit his right thumb, was jailed eight years and ordered to be given one stroke of the cane.

Judge Azreena Aziz imposed the sentence on Donald Dauglas Benedict, 34, after he pleaded guilty under Section 395 of the Penal Code, punishable under Section 397 of the same Code, which carries a maximum jail of 20 years and also liable to whipping upon conviction.

The undefended accused admitted to robbing the elderly man of a cellphone and RM1,200 in cash at the roadside of Jalan Kampung Ratau in Tebobon, Menggatal on January 18.

The charge also stated that the accused had caused injuries by biting off the victim's thumb and both his eyes were swollen.

Deputy public prosecutor Aida Jaafar Mad Arif told the court that investigation revealed that on the day of the incident, the complainant and his father were on their way to their orchard when they found the victim inside his taxi.

They then approached the victim, who was injured, and the complainant brought taxi driver to the nearest hospital to get treatment.

Aida said that while they were at the place, they saw the accused behaving suspiciously when coming out from the bushes there.

The complainant stopped the accused with the assistance of the villagers and fearing for his safety, the accused admitted that he had robbed the victim.

The accused was handed over to the police while his accomplice, a woman, escaped.

Aida said that before the incident, the victim drove his taxi while the accused and his female friend, who pretended to be passengers, asked to be dropped at the said location.

After they reached the place, the accused punched the victim and took away his cash after a struggle.

Aida added that the prosecution had obtained the medical report of the victim and it showed that his right thumb was bitten off.

In pleading for a light sentence, the accused said that he felt remorseful for what he had done and he is the eldest in the family, who had to take care of his mother before he committed the offence.

In reply, Aida urged the court to impose a deterrent sentence taking into account public interest and the seriousness of the offence.

The victim, who was present in court, explained that he is still traumatised by the incident and had stopped driving his taxi for about one month as he was not well. He also showed the court his injured right thumb.

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Bus conductor gets jail, cane for hotel robbery

Posted: 02 Sep 2014 05:13 PM PDT

KOTA KINABALU: The Sessions Court here yesterday sentenced a bus conductor to seven years' jail and ordered him to be whipped once for robbing a Sarawakian man with a machete.

Mohd Izam Suliman, 35, pleaded guilty before judge Azhaniz Teh Azman Teh, to a charge under Section 392 of the Penal Code, punishable under Section 397 of the same Code.

The indictment provides for a jail term of up to 20 years and is also liable to a fine, upon conviction.

Mohd Izam had robbed the 23-year-old victim of RM450 in cash at the lobby of a hotel in Kampung Air here on December 28, 2013.

Deputy public prosecutor Afzan Abd Kahar told the court that the accused had lodged a report on the same day stating that he was robbed by the accused, who was armed with a machete.

The accused was arrested on February 7 this year and the victim had identified him during the identification parade.

Mohd Izam, who was defended by counsel Farazwin Hexdy, pleaded for the lowest punishment on the grounds that the offence did not involve any violence.

She also said that her client had been detained since seven months ago as he was denied bail during his first arraignment in court.

In reply, deputy public prosecutor Afzan Abd Kahar urged the court to take utmost consideration on the public interest and the gravity of the offence as it is rampant particularly in Sabah.

The victim stated in his impact statement that he felt traumatised because of the robbery.

Meanwhile, the same court transferred a robbery case involving two siblings to the Juvenile's Court here.

No plea was recorded from the two boys aged 14 and 16.

The two brothers were alleged to have robbed a 37-year-old Japanese woman of a handbag containing RM1,000 in cash and her cosmetics worth RM1,000 at a taxi station of a shopping centre here at 8pm on August 7.

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Police report over NGOs’ alleged secession drive

Posted: 02 Sep 2014 05:12 PM PDT

by Chok Sim Yee. Posted on September 3, 2014, Wednesday

KOTA KINABALU: Pertubuhan Solidariti Masyarakat Sabah (SMS) lodged a police report yesterday in the hope of putting a stop to the actions of Sabah Sarawak Keluar Malaysia (SSKM) and other non-governmental organizations (NGOs) from allegedly pushing for Sabah's secession from Malaysia.

SMS pro tem president Musli Oli claimed SSKM not only criticized federal government policies on Sabah and Sarawak, but also used race and religion to inciting hatred among the people in order to achieve their goal.

Musli, who is also former deputy information chief of Parti Keadilan Rakyat (PKR) Sabah, said the activities of SSKM could affect national unity and peace, especially in Sabah and Sarawak.

SMS is an NGO formed last week and is still awaiting official registration under the Registrar of Societies (ROS). Its pro tem committee comprise two Parti Keadilan Rakyat (PKR) members, two Umno members, one United Sabah National Organization (USNO) member, and two Parti Islam Se-Malaysia (PAS) members.

SSKM was established on August 9, 2011 by a Sabahan lawyer.

Musli claimed that SSKM had been active in their struggle to bring Sabah and Sarawak out of Malaysia and disseminate their message through Facebook, Twitter, newsletter, blog and the latest was a video uploaded to YouTube, as well as holding seminars and ceramah in the interior parts of Sabah.

"There is a video on YouTube talking about bringing Sabah and Sarawak out of Malaysia that has been shared more than 10,000 times," he said.

Musli said SSKM must be investigated and stopped in their campaign and the ways they used to garner support.

"In order to achieve their goal, SSKM not only criticized federal government policies on Sabah and Sarawak, but also instilled seeds of hatred towards national and Sabahan leaders.

"Many of the postings insulted leaders, calling them animals and so on," he claimed.

He added that SSKM also instilled hatred among the people against Malaya, Malaysia and the Islamic religion.

Musli said SSKM also cooperated with several NGOs such as the United Borneo Front (UBF) to collect 300,000 signatures in a petition for self determination.

"This NGO has used the same modus operandi, that is to instill hatred," he said.

He said SMS also fought for the 1963 Malaysia Agreement, oil royalty and Sabah to be recognized as a country.

"What we fight for is full autonomy. That's why I agree with Sabah Progressive Party (SAPP) president Datuk Seri Panglima Yong Teck Lee to fight for autonomy but not secession.

"We fight for Sabah rights within the framework of Malaysia," he continued.

He pointed out that fighting for the rights of Sabahans had nothing to do with one being Kadazan, Malay, Chinese, Christians or Muslims.

"The moment you try to isolate that, saying that Muslims are all Umno and pro Federal Government, this is no good, this only splits up the rakyat," he pointed out.

If the United Nations were to request for a referendum in Sabah to decide if our people want out of Malaysia, Musli believed that 50 per cent of the people would vote for it, especially the younger generation.

"But they do not know what will happen after that," he said.

Musli said he made the police report as the president of SMS and chairman of NGOs who are concerned with peace in Sabah so that the police would immediately investigate and take action under the relevant Act.

On a related issue, Musli said our country should celebrate Malaysia Day on September 16, the day that the Federation of Malaysia was formed.

Also present with Musli were MCA Sabah Youth vice chief Stephen Kong and special tasks officer to the Minister of Urban Wellbeing, Housing and Local Government, Halil Ruffli.

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Jobless man jailed three weeks for shoplifting from convenience store

Posted: 02 Sep 2014 09:54 AM PDT

KUCHING: A jobless man was yesterday sentenced to three weeks in jail for shoplifting from a 24-hour convenience store last week.

Awang Indrasari Awang Ahmad, 28, from Jalan Haji Hashim Jaafar in Petra Jaya pleaded guilty before Magistrate Portia Tham, who convicted him under Section 380 of the Penal Code.

The custodial sentence would take effect from the date of his arrest.

Inspector Ezan Suhaila Sulaiman prosecuted.

According to the facts of the case, a worker at the store saw the defendant pacing in front of the shop in a suspicious manner around 2.45am on Aug 26.

Fearing for their safety, the worker and another colleague hid inside a storeroom.

Through CCTV footage, they saw the defendant take several packs of cigarettes worth a total of RM900.

Police were alerted and arrived shortly at the scene to arrest the suspect.

In an unrelated case, a man was fined RM5,000 in default five months in jail after he pleaded guilty to consuming drugs.

Faizal Ramzie, 34, from Batu Kawa appeared before Magistrate Zulhairil Sulaiman, who convicted him under Section 15(1)(a) of the Dangerous Drugs Act 1953.

He tested positive for traces of amphetamine and methamphetamine after his arrest at his house around 1.45am on May 12.

Meanwhile, a Magistrates' Court fixed Sept 18 for the ruling on a man charged with possessing a stolen car.

Bong Siee Foo, 30, allegedly retained the car, which was reported missing on May 3, when it was last seen at a parking space of a flat in Stutong Baru.

He was charged under Section 411 of the Penal Code for the offence.

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Repealing Sedition Act not a wise move – Rep

Posted: 02 Sep 2014 09:38 AM PDT

KUCHING: A lawmaker is against the idea of repealing the Sedition Act to be replaced by the National Harmony Bill.

Asajaya assemblyman Datul Abdul Karim Rahman Hamzah, suggested that the government amend the Sedition Act to rectify the shortcoming.

"Why the need to repeal the sedition Act now? Are there too much flaws in it, or the authority that should be enforcing it does not do its part?

"Personally, I don't see the need for another Act, whether it is called the National Harmony Act or whatever if its intention is similar," Abdul Karim told The Borneo Post yesterday.

He said certain clauses might need amendment to meet the changes happening in society, especially those related to social media, but not to repeal the whole Act. National Harmony Bill, if passed would meet the same fate as the Sedition Act, if the government did not enforce it, he said.

The Assistant Minister of Youth Development said whoever was at the helm of the government should not "repeal this and that Act just as they like", only to regret it after realising there were still flaws in the new Act.

"Introducing a totally new Act is like coming up with a new baby and we don't need that in Malaysia unless the government feels and takes pride that this or that Act was introduced by the government.

"How many more 'old' Acts does the government want to abolish. I still feel the Sedition Act is good."

Abdul Karim, a lawyer by training, said the country faced a similar situation when the Internal Security Act (ISA) was abolished, and what was important for the government to do now was to ensure that whatever Act had been passed all these years were enforceable.

A statement from the Prime Minister's Office said the government hoped to present the draft of the National Bill by end of next year.

"It takes time to draft the Bill because civil society has to be consulted and a number of recommendations has been received, including one from the National Unity Consultative Council."

He said the Sedition Act was introduced to act against those out to disrupt unity among the various races and the rule of the law.

The Act was also used to charge those who uttered or produced seditious statements, materials or action which could disrupt racial harmony in the nation.

"Living in a multi-ethnic and multi-religious nation one must learn to live in moderation and accept the differences of the other races and faiths."

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