The Star Online: Nation
The Star Online: Nation |
- AG Chambers: Rape cases require deterrent sentencing
- Batang Kali massacre victims’ kin to press for British apology, compensation
- Ex-NS camp chief jailed 12 years for graft involving RM2,400
| AG Chambers: Rape cases require deterrent sentencing Posted: 05 Sep 2012 08:48 AM PDT "This aberration of justice for those who most need the protection of law must be rectified," said the statement signed by AG Tan Sri Abdul Gani Patail. PETALING JAYA: Rape offenders should be severely punished to prevent others from committing such crimes against women and children, said the Attorney-General's Chambers (AGC) in a strongly-worded statement late Wednesday. "The department's stand is that rape cases require deterrent sentencing to reflect the abhorrence and revulsion of the public towards such crimes. "This aberration of justice for those who most need the protection of law must be rectified," said the statement signed by AG Tan Sri Abdul Gani Patail. The statement was in response to public uproar after former national youth squad bowler Noor Afizal Azizan and electrician Chuah Guan Jiu were bound over for five years and three years respectively on a RM25,000 good behaviour bond after being found guilty of statutory rape. Both Noor Afizal and Chuah were 19 and 21 respectively when they committed the offences on girls who were then aged 13 and 12. Noor Afizal escaped jail when the Court of Appeal allowed his appeal against a High Court decision to sentence him for statutory rape of a 13-year-old girl in 2009. Chuah had been found guilty of raping his 12-year-old girlfriend on two occasions last year. In the two cases, the judges took into consideration the future of both youths. They also noted that the sex acts were consensual. Section 294 of the Criminal Procedure Code allows courts the discretion to bind the offender on a good behaviour bond if he is a first time offender and the offence had been committed under extenuating circumstances. "In determining the appropriate punishment, especially for statutory rape cases, among the major factors to be considered by all parties involved is public interest and the seriousness of offence committed," the statement from AGC said, adding that this had always been observed in court decisions thus far. In relation to this, the AGC said offences under Section 376 of the Penal Code, especially those which involve child victims, which increase the seriousness of the offence, is not an offence under "extenuating circumstances". "In principle, an adult, or a person above the age of 18, especially persons known and trusted by the child victim, should not take advantage of a child as the child has not reached maturity. "Even if it is said (alleged) that there was consent from the child victim for a sexual act, the consent must be questioned, due to the age and immaturity of the party which is said to have given its consent," it said. The AGC said it had filed an appeal against the Penang Sessions Court's decision on 29 Aug for Chuah's case. As for the Appeal Court's decision on Noor Afizal's case, the AGC said it was considering the use of the court's inherent power to review the decision. Related Stories: |
| Batang Kali massacre victims’ kin to press for British apology, compensation Posted: 05 Sep 2012 08:43 AM PDT KUALA LUMPUR: The relatives of the 24 men shot dead in the Batang Kali massacre will appeal against the British High Court decision on Tuesday that there was no legal obligation to hold a public inquiry into the killings. The group's instructing solicitor here, Quek Ngee Meng, said the family members did not want to give up. "There is some aspect of the judgment which is in our favour, so they have instructed us to appeal," said Quek, who announced the decision to appeal in a press conference here Wednesday. He said they had until Oct 2 to file the appeal. President of the Queen's Bench Division Sir John Thomas and High Court of England and Wales Justice Colman Maurice Treacy had heard the judicial review of the British government's position on the killings and delivered the judgment. The 24 men, mostly rubber tappers, were shot dead in Sungai Rimoh rubber estate on Dec 11 and 12, 1948 and their houses were set on fire by the 2nd Battalion of the Scots Guards during operations against the communist insurgency. According to Quek, paragraph 138 of the judgment was admission that the killing was done illegally. The paragraph states there is evidence supporting a wilful execution of the 24 civilians in Batang Kali. Quek pointed out to paragraph 57 of the judgment, which stated the men were not running away and that two of the soldiers implicated, George Kydd and Robert Brownrigg, had reportedly said they were told by the army to testify that those killed had been trying to escape. (The conclusion of an inquiry into the incident in 1948/9 was that those killed were shot while trying to escape.) Meanwhile, one of the four claimants in the suit against the British government, Lim Kok, 74, said he would not back off and wanted an apology over what had happened. "My family led a miserable life after my father was killed," said Lim. Another claimant Loh Ah Choi, 72, whose 19-year-old uncle Luo Wei-Nan was the first person to be shot, said the British government should also compensate the families for the trauma they had undergone. Besides Lim and Loh, the other two claimants are Chong Nyok Keyu and Wooi Kum Thai. The British Secretary of State for Foreign & Commonwealth Affairs and Secretary of State for Defence have been named as defendants. The claimants are backed by 568 Malaysian organisations through the Action Committee Condemning the Batang Kali Massacre. One of the supporting organisations, The Federation of Chinese Associations Malaysia (Hua Zong), hosted the press conference. Also at the event was Hua Zong president Tan Sri Pheng Yin Huah. |
| Ex-NS camp chief jailed 12 years for graft involving RM2,400 Posted: 05 Sep 2012 07:06 AM PDT KOTA BARU: The Sessions Court here on Wednesday sentenced a former commandant of a National Service (NS) Training Centre to 12 years' jail and RM60,000 fine for corruption involving RM2,400. Judge Azman Mustapha handed down the sentence on Mohamad Nazri Osman, 45, a former NS commandant at the Ethno botany NS training camp in Gua Musang, after finding him guilty of six counts of corruption, involving RM2,400. Mohamad Nazri, a former army officer with the rank of Major, was found guilty of committing the offence between January and August 2009. Azman sentenced him to two years' jail and RM10,000 fine, in default 12 months' jail, on each count. "The jail sentence is to be served consecutively," he said in his judgment. However, Azman allowed a stay of the jail sentence following a request by Mohamad Nazri's lawyer, Mohd Aizat Nordin to appeal to the High Court. On the first count, Mohamad Nazri was charged with accepting RM600 from a NS bus supplier, Ahmad Saifuddin Ibrahim, which was transferred into his Kota Baru Maybank, at 10.07am on June 2009. The money was as an inducement for Mohamad Nazri, who now works as a security guard in Kuala Lumpur, to simplify matters pertaining to the supply of bus service at the camp for Ahmad Saifuddin. The other five charges were for accepting bribes, also from Ahmad Saifudin, for the same purpose, involving RM500 at 8.51pm on Feb 11; RM600 at 8.58pm on March 11; RM300 at 9.05am on April 7; RM200 at 11.47pm on Aug 27 and RM200 at 9.30am on Jan 16. Deputy public prosecutor from the Malaysian Anti-Corruption Commission, Mohd Ahsan Abd Latif, prosecuted. - Bernama |
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