Thursday, July 15, 2010

Malaysia :- Death Penalty News (29/12/2009 - 3/7/2010)

* Below are some of the Death Penalty News about Malaysia from 29/12/2009 - 3/7/2010.

Kuala Lumpur

28 June 2010

Man sent to the gallows for exorcism death

Toddler Nur Farah Adila Ridzuan was strangled, had her head slammed against the wall and was thrown violently onto a thin mattress as part of an exorcism ritual.

The exorcism was conducted by her mother's boyfriend in his house and in his car several times as "the spirit had refused to get out of the girl's body".

Nur Farah, 3, suffered internal injuries and succumbed to them on June 30, 2005. Her death was classified as murder and her mother's boyfriend, Davender Singh, 49, was charged with murder.


And yesterday, after a trial which lasted more than two years, Davender was sentenced to death.


He was found guilty of murdering Nur Farah at his house in Jalan Ampang Mewah in Ampang between June 16 and July 1, 2005.

In his judgment, judge Datuk Ghazali Cha said it was impossible for Davender not to realise that his actions would cost Nur Farah her life.


"Based on the post-mortem report, it can be concluded that the injuries suffered by the victim were caused by Davender's actions," he said.

"Her liver was torn, ribs were broken, there was bleeding in her pancreas and she had also suffered lung infection."

He added that the evidence given by Nur Farah's mother, Noriahanim Udin, was credible as she had no previous motive or grudge against Davender.


Noriahanim, who was a former guest relations officer, had testified that Davender told her that Nur Farah was under a spell that had been cast by her former husband.

Davender had also told Noriahanim that he could heal Nur Farah.

She testified that during the exorcism rituals, she was not allowed to be near her daughter as Davender had alleged that the evil spirit would leave the girl and possess the mother.

She had also told the court that during the exorcism sessions in his house, she saw Davender slam Nur Farah onto a thin mattress and press her chest several times.

Davender had testified that Noriahanim owed him lots of money.

"He also testified that he had never asked her to return the money. They also had a sexual relationship although he was married," Ghazali said, adding that the accused had denied that he had conducted the healing sessions.

Ghazali said he found that the testimonies of the three defence witnesses had failed to raise any reasonable doubt against the charge.

Davender, a father of two, was charged on July 26, 2005. Nine prosecution witnesses took the stand when trial began on April 14, 2008.

Soon after sentence was passed, Davender's 19-year-old daughter started to cry loudly.

When the proceedings ended, Davender hugged his daughter, wife and other family members before he was led away.

His daughter cried out repeatedly: "Papa, don't go."

Deputy public prosecutor Mabel Muttiah prosecuted.

Counsel Jesvinderjit Singh and K. Balaguru represented Davender.


(http://www.nst.com.my/nst/articles/14daven/Article/)

(Source: New Straits Times - Malaysia)
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Penang

29 June 2010

Friends Sentenced To The Gallows For Drug Trafficking

Two close friends were sentenced to the gallows Tuesday for trafficking drugs weighing 1,716.9gm seven years ago.

Judicial commissioner Yaakob Md Sam found the duo guilty as charged.

Ooi Chee Seong, 33, and Yong Soon Lee, 31, were charged with trafficking heroin weighing 395.8gm, monoacetylmorphine (296gm), ketamine (972.3gm) and methamphetamine (52.8gm) at number C-27-09, E-Park Condominium, Jalan Batu Uban, at 4.45pm on Oct 7, 2003.

Ooi was represented by Datuk V. Sithambaram and Dev Kumarendran while Yong was by Ashok Athimulan.

Deputy Public Prosecutor L. Uma Devi prosecuted.


(http://www.bernama.com/bernama/v5/newsindex.php?id=509606)

(Source: Bernama)
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Penang

29 June 2010

Worker Sent To Gallows For Killing Food Trader

A tile shop employee was sentenced to death by the High Court here Tuesday after he was found guilty of killing a food trader, four years ago.

In passing the sentence on Ong Teik Thai, 35, judge Datuk Mohd Zaki Md Yasin said the prosecution had proven beyond reasonable doubt that the accused had committed the offence.

The prosecution presented three friends of the accused as witnesses in the case.

Ong was accused of killing Choi Yu Ki, 20, with a sharp object at a coffee shop in Mukim 9, Pekan Teluk Kumbar near here at about 10pm on April 6, 2006.

Ong, who was represented by lawyer Karti Kumar, allegedly committed the murder with four others who were still at large.

Deputy public prosecutor Azahar Mokhtar prosecuted.


(http://www.bernama.com/bernama/v5/newsindex.php?id=509528)

(Source: Bernama)
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Seremban

30 June 2010

Cop gets death for armed robbery

It’s the gallows for a police sergeant who fired a gun while robbing a jewellery store in Kuala Pilah near here in 2007.

High Court Judicial Com­missioner Ahmad Nasfy Yasin handed down the sentence after finding that the prosecution had established a prima facie case against Mazlan Othman 46, who had been in service for 25 years.

“I have no choice but to sentence you to die by hanging,” he said in a courtroom packed with the accused’s siblings and family members.

The bespectacled Mazlan, who was clad in a round collared T-shirt and black pants, was calm throughout proceedings but bowed his head and cried after the verdict was delivered.

Mazlan, who was attached to the Dang Wangi district station, committed the offence with one Zulkifli Ali who died in August 2009.

The two robbed Kedai Emas Banbau at 29, Jalan Dato Undang Johol in Kuala Pilah at 3.15pm on Oct 9, 2007.

While escaping, Mazlan had fired a shot which hit proprietor Chin Yuan Choon, then 29.

He was charged with discharging a weapon under Section 3 of the Firearms (Increased Penalties) Act 1971 which carries the mandatory death penalty.

He was also charged with robbery under section 392/397 of the Penal Code which provides for up to 20 years jail and whipping if convicted.

JC Ahmad Nasfy said police records showed the weapon used in the robbery – a Steyr with serial number 03096 – had been issued to Mazlan by the police armoury on Oct 4.

JC Ahmad Nasfy added that the gold chains found in Mazlan’ pockets at the time of his arrest were part of the robbery loot.

“The court cannot accept the defence’s contention that the chains were put into the pockets of the accused by a police officer while being questioned.”

Noting that the bullet casing found at the crime scene matched those issued to the accused, JC Ahmad Nasfy said the defence had also failed to prove that the accused was with a nephew at the Ramadan Bazaar in Kuala Pilah at the material time.

JC Ahmad Nasfy also sentenced Mazlan to five years’ jail and two strokes of the rotan for robbery.

Deputy public prosecutor Wan Shaharudin Wan Ladin asked for a deterrent sentence saying Mazlan had tarnished the image of the force.

In mitigation, counsel Jamal Abbas asked for a lenient sentence saying Mazlan had served the Government for more than two decades, was a first offender and had a family.

(http://thestar.com.my/news/story.asp?file=/2010/6/30/courts/6573506&sec=courts)

(Source: Star - Malaysia)
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Johor Baru

30 June 2010

Two men escape gallows

A roti canai seller and a postman escaped the gallows after a High Court here acquitted them of trafficking in 1.3kg of cannabis found at their home and in their car.

High Court Judicial Commissioner M.Gunalan said that there was no circumstantial evidence to prove that the men had exclusive access to the drugs.

“The drugs found in their room could have been placed there by anyone and no conclusive evidence to prove that the second accused was the only one who had exclusive access to the car,” he said before discharging and freeing the two men.

Norhisham Moksin, 36 and Abd Rahim Mohd Ali, 37, both thanked the judge repeatedly.

Both men faced two separate charges of trafficking in 437gm of cannabis at a house in Taman Impian Jaya at around 8pm on Jan 10, last year.

They were also charged for trafficking 955gm of cannabis, which was found in a car parked outside their house.

Both men were charged under Section 39B(1)(a) of the Dangerous Drugs Act 1952 which carries the mandatory death penalty upon conviction.

DPP Mohd Amril Johari prosecuted while lawyers Sukhaimi Mashud and G. Paramas­waran represented the accused.

(http://thestar.com.my/news/story.asp?file=/2010/6/30/courts/6571654&sec=courts)

(Source: Star - Malaysia)
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Malacca

30 June 2010

Mosaic layer to hang for murder

A 27-year-old mosaic layer has been sentenced to death by the High Court here for murdering a youth near Jonker Street four years ago.

Gan Kim Lai, of Taman Merdeka Jaya in Batu Berendam, was found guilty yesterday of stabbing 18-year-old Ee Han Kiat at about 10.49pm on Mac 17, 2006.

Justice Datuk Wira Mohtaruddin Baki found that Gan had failed to cast any doubt on the prosecutions case.

“Under the law, I have no other option but to impose the only sentence on you which is one of death by hanging,” he told Gan.

Based on the facts of the case, Ee was slashed several times and fatally stabbed twice in the chest by Gan at the intersection of Jalan Tokong and Jalan Portugis next to Hiong Yang Tra-ding.

Ee was said to have been involved in a brawl with two other unknown assailants at the public toilet along Jonker Street while out drinking with a group of friends.

He was fatally stabbed after chasing his assailants who fled the scene after two of his friends came to assist him in the fight.

Defence counsel Ram Karpal then sought the court’s permission to record Gan’s plea in mitigation for the purpose of appealing his case to the Pardon Board if the need arose.

He told the court that his client, the youngest in a family of ten, had no previous record and was looking after his aged widowed mother.

He added Gan, who is surviving on one kidney, had yet to receive the follow up examination and treatment at Universiti Malaya Medical Centre since his arrest in July in 2006.

A total of 15 prosecution and three defence witnesses testified during the trial.

(http://thestar.com.my/news/story.asp?file=/2010/6/30/courts/6572421&sec=courts)

(Source: Star - Malaysia)
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George Town

30 June 2010

Two get the noose for drug trafficking

Two men have been ordered by a High Court here to be hanged for trafficking in more than 1.7kg of drugs.

Judicial Commissioner Yaacob Md Sam pronounced the death sentence on odd-job labourer Ooi Chee Seong, 33, and trader Yong Soon Lee, 36, yesterday after finding them guilty on three counts of trafficking.

He found that the prosecution had proven beyond any reasonable doubt that the two accused had committed the offences at E Park Condominium in Jalan Batu Uban, at 4.45pm on Oct 7, 2003.

Ooi and Yong were jointly charged with trafficking in 691.8gm of a mixture of drugs (consisting of 395.8gm of heroin and 296gm of monoacetylmorphines), 972.3gm of ketamine and 52.8gm of methamphetamine.

In his judgment, which took two-and-a-half hours to deliver, Yaacob found that both men had possession and knowledge of the drugs, which were recovered in a separate room from where they were arrested.

He said it was not disputed that some of the drugs recovered was still warm and some hot when the police raided the condominium.

Ooi was represented by counsel Datuk V. Sithambaram and Dev Kumaraendran, and Yong by counsel Ashok Athimulan, while the deputy public prosecutor was L. Umma Dewi.

(http://thestar.com.my/news/story.asp?file=/2010/6/30/courts/6573426&sec=courts)

(Source: Star - Malaysia)
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Seremban

1 July 2010

Lorry driver to hang for murdering another driver

A 39-year-old lorry driver who claimed he was drunk when he slashed and killed another lorry driver in 2006 was sentenced to death by the High Court here.

Judicial Commissioner Ahmad Nasfy Yasin said the testimony of eyewitnesses and a medical officer contradicted G. Balasundaram’s claim of being drunk when he slashed Francis Steven Balan, 33, outside a mini market in Taman Bukit Mutiara around 11.30pm on Nov 17, 2006.

“The prosecution has proven its case beyond reasonable doubt and contrary to the defence claims this court finds that the accused was fully aware of what he was doing.

“He first struck the victim who was about to leave for home on his back and then on his leg,” he told the courtroom packed with Balasundaram’s family.

JC Ahmad Nasfy said the testimonies of a restaurant helper, who worked nearby, a friend of the deceased known as Richard and a mutual friend Sivaraja showed the accused was sober at the time.

According to the facts of the case, Balasundaram was having beer outside the mini market with Sivaraja around 9.30pm on the day in question when Francis turned up and got Sivaraja to buy him a beer.

An argument broke out after Francis asked for another beer and Sivaraja refused.

Balasundaram who was walking out of the mini market asked what the commotion was about but was pushed and ended up in a drain.

Balasundaram told Francis “he would look for him for what he had done” and left.

Just before 11.30pm, Richard arrived on a motorcycle to take Francis home but Balasundaram suddenly re-appeared and slashed Francis on his back with a machete.

JC Ahmad Nasfy said the court did not accept the defence contention that he was drunk as he had been drinking elsewhere from 7.30pm.

He said the fact Balasundaram returned with a machete showed an element of intent.

Wan Shaharudin Wan Ladin prosecuted while the accused was represented by Ramkarpal Singh.

(http://thestar.com.my/news/story.asp?file=/2010/7/1/courts/6585727&sec=courts)

(Source: Star - Malaysia) 
Kota Baru

1 June 2010

Death for drug trafficking

A 25-year-old shop assistant was sentenced to death after he was found guilty of trafficking in 979 methamphetamine pills weighing 13.94g at a coffee shop in Kampung Kasa, Pasir Mas, two years ago.

Ahmad Saad Hazmin from Pasir Mas stood calm in the dock when judge Ahmad Zaidi Ibrahim read the sentence but broke down when relatives met him after the proceeding.

Zaidi said the prosecution had proven the case beyond reasonable doubt and under the act, he had to sentence the accused to death by hanging.


He added that the defence was merely based on a denial but the accused, who had given evidence in court, could not deny that he was present at the scene.


(http://www.nst.com.my/nst/articles/25meth/Article/)

(Source: New Straits Times - Malaysia)
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Petaling Jaya

2 June 2010

Salesman who killed wife and maid escapes gallows

A hardware store salesman, who killed his wife and an Indonesian maid with a kitchen knife, escaped the gallows when the Shah Alam High Court here released him of the two murder charges.

Justice Su Geok Yiam ordered Phoy Yew Yong, 44, to be detained in Hospital Bahagia in Ulu Kinta for a period deemed appropriate by the Sultan of Selangor.

The court ruled that Phoy was in a state of insanity, had no recollection of his actions and the consequences when he committed the crime.

In delivering her decision, Su said that the court was satisfied with the testimony and medical report by psychiatrist Dr Ahmad Syukri Chew Abdullah, who concluded that the accused had suffered a serious type of mental illness known as Major Depression With Psychosis.

The psychiatrist had testified that Phoy’s two sisters also suffered the same condition but Phoy’s condition was severe. Phoy’s condition had worsened after the birth of his youngest child as he felt pressured to support his family. In the 7am incident, Phoy repeatedly stabbed Siti Fatonah, 25, and his 40-year-old wife Ang Sook Foon in his home in Puchong on Sept 12, 2008.

He was arrested on the same day and charged on Sept 25 the same year. Phoy’s mother Soh Cwee Kim testified against him in the trial. The couple have three children.

According to the court testimony, Phoy’s daughter had complained of a stomach ache a day before the incident and Phoy quickly blamed Siti Fatonah despite her denying the accusation.

A delusional Phoy thought that Siti Fatonah was going to kill his daughter and killed the maid when she was mopping the floor in the kitchen the next day.

His wife Ang, who was trying to help the maid, was also stabbed. Siti Fatonah suffered 34 stab wounds while Ang suffered 20 wounds.

The court was told that Phoy, who was represented by counsel Joseph Tan, showed remorse after stabbing his wife and tried to kill himself with a knife and electrical wires.

(http://thestar.com.my/news/story.asp?file=/2010/6/3/courts/6393725&sec=courts)

(Source: Star - Malaysia)
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Putrajaya

4 June 2010

Death Sentence On Fisherman Affirmed For Slitting Wife's Throat

The Federal Court here Friday upheld the conviction and death sentence of a fisherman who killed his wife by slitting her throat for denying him his conjugal rights nine years ago.

Chief Justice Tun Zaki Azmi who headed a three-man bench unanimously dismissed Abdul Razak Dalek's final appeal after ruling that the former had the intention to commit murder because he remembered taking the knife which was an indication that he was mentally alert and knew what he was doing.

Zaki sat with Federal Court judges Datuk Seri James Foong Cheng Yuen and Datuk Seri Md Raus Sharif.

Abdul Razak, 58, was found guilty by the Johor Baharu High Court in 2006 for killing Rozita Haron, 39, at his brother's house in Parit Pecah, Parit Jawa, Muar on Sept 3, 2001. Last year, the Court of Appeal, upheld the decision.

In a 16-page judgment, Justice Raus said the court was unable to find sufficient evidence which could reasonably infer that Abdul Razak acted in a state of non-sane automatism resulted from an alleged concussion suffered by him after he hit his head against the kitchen wall before the incident, as contended by the defence.

Raus said, on the other hand, evidence indicated that Abdul Razak was able to relate with great detail what happened prior to the incident.

"In fact, before the incident there were exchanges of words between the appellant (Abdul Razak) and the deceased, reflecting a sane person who wished to woo his wife back into their marriage which was on the rocks.

"At that material time, the deceased was no longer living with Abdul Razak. The deceased, though not divorced from Abdul Razak, had left him some time in June 2001.

"Abdul Razak could not accept when Rozita told him on that fateful day that they were no longer husband and wife but only friends, to which he understood the words of the deceased that there was no longer any relationship between them."

Rozita, who was working as a cleaner at Muar Hospital, came back to the matrimonial home to visit her son Mohd Rafiz who was having fever. Their house is located about 10 feet away from the house of Abdul Razak's brother.

Rokiah Dawi, the wife of Abdul Razak's brother, testified that she heard Abdul Razak saying to the deceased, "I can't even touch you. Ita (Rozita), you are still my wife, arent' you?".

She said as she was heating up "nasi minyak" (ghee rice) in the kitchen, when the deceased, who could barely walk, came from the rear and patted her right shoulder and called out her name "Kak Kiah" before collapsing on the floor.

Rokiah also testified that she saw Abdul Razak hitting his head against the wall.


(Source: Bernama)
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Shah Alam

4 June 2010

Elderly man to hang for drug trafficking

An elderly man was sentenced to the gallows by High Court here on Friday after finding him guilty of trafficking 353.2 of Methamphetamine in front of a fast food restaurant in Ampang, Selangor, two years ago.

Judicial Commissioner Datuk Asmabi Mohamad handed down the sentence after she was satisfied that the prosecution had proved a prima facie case against the accused, Low Ah Leck, 62.

In her judgement, Asmabi said the defence's case relied on mere denial and that the issue of ownership of the drugs was at never at any point raised when the accused gave testimony.

"It is difficult for the court to accept the explanation given by the accused that during his arrest he was merely holding the drugs to help out a friend who had been earlier caught by police at the same scene.

"This is mere denial and does not raise any reasonable doubt. As such, the court has no choice but to impose the mandatory death sentence," she said.

Low was charged with committing the offence in front of the A&W restaurant, Jalan 1/25 Pandah Indah, Ampang, at around 5pm on May 23, 2008.

He was charged under Section 39 B (1)(a) Dangerous Drugs Act 1952 and punishable under Section 39 B (2) of the same act, which carries the mandatory death sentence upon conviction.

During the course of the trial, the prosecution led by deputy public prosecutor Mohd Suhairy Zakaria produced six witnesses while the defence conducted by counsel Tan Teck Yew, just one witness.


(Source: Bernama)


Ipoh

25 May 2010

Businesswoman spared the gallows

A businesswoman escaped the gallows after the High Court here acquitted and discharged her of two drug trafficking charges.

Mak Yoke Kuen, 48, was charged with trafficking in 87.1gm of heroin and 14.8gm of monoacetylmorphine in front of the Perak police contingent narcotics department at about 1am on Dec 14, 2007.

She faced a second charge of trafficking in 154gm of methamphetamine at the same time and place.

In his ruling, Judicial Commissioner Teo Say Eng noted that the prosecution had failed to prove Mak had custody and control of the car in which the drugs were found.

“Neither could the prosecution prove that Mak had knowledge that the drugs were concealed in a compartment under the steering wheel of the car she was driving when police arrested her at 6pm the day before,” he said.

Mak was driving her friend’s BMW when police stopped her in front of a tyre shop in Bandar Baru Medan, Ipoh here.

Teo further noted that the prosecution’s witness, a BMW technician, had testified that the compartment under the steering wheel had been part of the car’s design.

“The prosecution only proved the arrest and that the accused had momentary possession of the car for six hours,” he added.
 
(http://thestar.com.my/news/story.asp?file=/2010/5/25/courts/6327644&sec=courts)

(Source: Star - Malaysia)
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Kota Baharu

26 May 2010

Mechanic To Die For Drug Trafficking

Mechanic Shahrizan Sulong, 27, was Tuesday sentenced to death by the High Court, here for drug trafficking at a house in Pasir Mas, two years ago.

Judge Ahmad Zaidi Ibrahim, in passing sentence, said the prosecution had proven the accused guilty of distributing the methampethamine drugs beyond reasonable doubt.

"There is only one punishment that can be meted on you for this offence and as such, the court orders that you be hanged until death," he said.

Shahrizan appeared calm and only nodded his head when the sentence was passed.

According to the charge, Shahrizan was found to have distributed 240.83 grams (17,769 pills) of the dangerous methampethamine drug at 2pm on May 20, 2008 at the address PT2814, Taman Lati, Repek, Pasir Mas.

He was sentenced under Section 39(B) of the Dangerous Drugs Act which provides the mandatory death sentence upon conviction.

Deputy Public Prosecutor Wan Azimah Wan Yaacob appeared for the prosecution while Shahrizan was defended by Amir Syafiq Venkadesh Narayanan.


(http://www.bernama.com/bernama/v5/newsindex.php?id=501013)

(Source: Bernama)

 
Johor Baru

8 April 2010

Dad who killed 3 of his kids to hang

"God knows I did not do it!"

Those were the repeated cries of an ex-security guard before he was sentenced to death at the High Court here yesterday for the murder of his three children six years ago.

P. Vellertore, 52, was alleged to have murdered his three children -- Rudraa Kumar, 6, Keseprata, 5, and Harini, 3, -- by strangling them at their home at No. 681, Jalan Jambu Air 7, Taman Muhibbah, Saleng, Kulai, between 10.30am and 3.30pm on Nov 20, 2004.

He had then attempted to hang himself, together with his eldest daughter, Revathi, 14.

However, Revathi changed her mind during the attempted suicide and screamed for help.

She was saved by a neighbour.


Before sentence was passed, Vellertore raised his hand and indicated that he wanted to speak.

Through a court interpreter, Vellertore, who was in the dock, told High Court judge Datuk Jeffrey Tan, that he was innocent.

Defence counsel Bernard George calmed Vellertore, who sat down until the sentence was delivered.

Tan said that despite Vellertore's denial, the prosecution had proven its case beyond reasonable doubt.

Tan said as the case involved murder and attempted suicide, he had considered the matter carefully but did not see how the accused could not be guilty.

"You are the children's father. No one but God has the right to take someone's life.

"I understand you were under a lot of pressure at that time, but you should have sought another path.

"The court has no choice but to sentence you to death by hanging."


Vellertore's wife had reportedly left the family home a month before the murders, claiming that her husband had been abusive.

George said he would file an appeal.


Deputy public prosecutor Shahrizal Saari prosecuted.

 
(http://www.nst.com.my/Current_News/NST/articles/08gurd/Article/index_html)

(Source: New Straits Times - Malaysia)
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Kuantan

8 April 2010

Welder Sent To The Gallows For Drug Trafficking

The High Court here on Thursday sentenced a welder to death by hanging after finding him guilty of drug trafficking.

Judicial Commissioner Datuk Mariana Yahya handed down the sentence after finding that the defence had failed to cast a reasonable doubt on the case.

"After considering and taking into account witnesses' testimony, I found that the prosecution had succeeded in establishing the drug trafficking charge against Tan Teck Yong.

"Therefore, I sentence him to be hanged to death," she added.

Tan, a 49-year-old bachelor, was found guilty of trafficking 10.12gm of heroin and 14.23gm of monoacetylmorphines at 2.15am at Km 126, Jalan Segamat-Kuantan, near Muadzam Shah, Rompin, on July 1 last year.

Deputy public prosecutor Khalmizah Salleh prosecuted while Tan was represented by lawyer Mohd Najid Husain.


(http://www.bernama.com.my/bernama/state_news/news.php?id=488970&cat=et)

(Source: Bernama)
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Shah Alam

9 April 2010

Myanmar Sentenced To Gallows For Killing Countryman

The High Court here sentenced a Myanmar security guard to the gallows after finding him guilty of murdering his countryman three years ago.

Justice Datuk Wira Mohtarudin Baki meted out the sentence after dismissing the accused's defence, saying it was merely a denial.

"Denial is no defence," he said.

Mohtarudin found Mohd Naki Mohd Yusuf, 44, guilty of murdering Nowshad, 27, also a Myanmar national, at Kilang Sin Guan Huat, Jalan Perusahaan 3, Beranang, Kajang, at about 9.30pm on April 14, 2007.

The prosecution called in 22 witnesses while the defence, one.

In his judgment, Mohtarudin said based on the testimony of witnesses, there were evidence to show that the accused's marriage was in trouble and that the accused's wife was close the victim.

He said one of the witnesses, who is the son of the accused, had told the court that he heard the accused and the victim arguing loudly and saw the accused hitting the victim with an iron rod.

The victim's remains was found inside a water tank on May 20, 2007 several weeks after the incident.

Prosecution was carried out by Deputy Public Prosecutor Rosidah Abu while Mohd Naki was represented by Ahmad Nizam Mohamed.


(http://www.bernama.com/bernama/v5/newsindex.php?id=489292)

(Source: Bernama)
 
Kuala Lumpur

1 February 2010

Bali drug mules may get death sentence

Two Malaysians are staring at possible death sentences for smuggling drugs into Bali in exchange for a mere RM2,000.

The two, aged 45 and 38, were arrested on Jan 20 while trying to smuggle in 2kg of methamphetamine valued at RM682,000, by taping the drugs to their torso.

According to online portal balidiscovery.com, both men were picked up by airport authorities on arrival from Hong Kong.

The portal stated that the men had made two earlier assessment visits to the airport but were unlucky the third time around.

"Police, who were suspicious of the men when they passed through a security gate, devised a way to find out what they were up to.

"One of the officials 'accidentally' bumped into one of the suspects and upon detecting an extremely hard abdomen, both men were directed to the examination room," said the report.


There, authorities found plastic packets containing the drugs strapped to their mid-sections.

Police estimated the street value of the drugs to be more than RM682,000.

The two claimed they were merely acting as mules and were to be paid about HK$5,000 (RM2,000) after successful delivery of the drugs to a local address.

Both of them are expected to be charged under Indonesia's tough narcotics laws with a possible death sentence waiting at the end of the legal process.

Meanwhile, police arrested a man, believed to be the mastermind of a syndicate that brought illegal immigrants into Singapore.

The 43-year-old man was picked up on Wednesday and was extradited to Singapore the same day to face charges there.

According to channelnewsasia.com, the suspect allegedly heads a syndicate involved in smuggling illegal immigrants from western Johor.


(http://www.nst.com.my/Current_News/NST/articles/14bali-2/Article/index_html)

(Source: New Straits Times - Malaysia)
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Singapore

5 February 2010

Two Malaysians Sentence To Death For Drug Trafficking

Two Malaysians, including a woman, were sentenced to death Thursday for drug trafficking.

Pang Siew Fum, 54 and Cheong Chun Yin, 26, were arrested by the city-state's Central Narcotics Bureau (CNB) officers on June 16, 2008 after they were found to be trafficking a total of 7.7kg of diamorphine.

Local media reported today that Cheong arrived at Changi Airport on a SilkAir flight from Myanmar carrying a black trolley luggage bag.

He later met Pang at Terminal 2 and handed her the bag in the carpark before he left in a taxi while Pang drove to Toa Payoh.

CNB officers who had been tailing the pair subsequently arrested them.

About 2.7kg of diamorphine was found in the black bag, and at Pang's house, officers found another two luggage bags containing about 5kg of diamorphine.

Pang claimed she thought the bag from Cheong contained precious stones and Buddha pendants, while Cheong claimed he thought the bags held gold bars.


(http://www.bernama.com/bernama/v5/newsindex.php?id=473644)

(Source: Bernama)
 
Kuala Lumpur

13 January 2010

Four escape gallows in drug trafficking case

Four men were saved from the gallows when they were acquitted of drug trafficking at the High Court here this morning.

Judicial Commissioner Zainal Azman Ab. Aziz acquitted car brokers Fiteli Mohamat Saaidin, 40, and Azhar Kamal Jaafar, 44, worker Chong Chee Hoong, 58, and taxi driver Faisal Baharudin, 58, after he ruled that the defence had raised a reasonable doubt in the case.

Zainal said after analysing  the evidence of the defence, he believed the statement from the fourth accused, Faisal, that the four were called to the hotel by an individual called "Ah Chai".

The defence had argued that the men had no prior knowledge of the drugs and that the drugs were not theirs.

The four were charged with having common intention to traffic 244.2g of drugs, comprising heroin (231.2g) and monoacetylmorphine (13g), at room No.1346 at the Seri Cempaka Service Suites, PWC Dewan Wawasan Convention & Exhibition Centre, Jalan Pudu Ulu, Cheras.

They were charged under Section 39B(1)(a) of the Dangerous Drugs Act 1952 and would have been sentenced to death if found guilty.

Deputy public prosecutor Mazelan Jamaludin prosecuted while counsel Zamri Ibrahim and co-counsel Michael Chee Kuat Lin represented the four.

(http://www.mmail.com.my/content/24607-four-escape-gallows-drug-trafficking-case)

(Source: Malay Mail)
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Shah Alam

14 January 2010

Nepalese Factory Worker To Face The Gallows For Killing Compatriot

A Nepalese factory Worker was sentenced to the gallows by the High Court here Thursday after he was found guilty of murdering a fellow Nepalese by stabbing the victim three times with a dagger, two years ago.

Judge Datuk Wira Mohtarudin Baki handed down the sentence after finding the defence failed to raise any reasonable doubt in the case against Ram Bahadur Rai, 39.

"The defence's case must be based on facts and not imagination or inventions. Testimony by the prosecution's seventh witness (a security guard at the scene of the murder) clearly cannot be refuted as he witnessed the accused chasing the victim with a dagger before being caught with the assistance of the public," he said.

Ram was charged with stabbing Mingtanji Sherpa, 27, at room A2-4 of Plexitech Sdn Bhd's workers hostel located at Lot 178, Jalan 4, Kawasan Perindustrian Olak Lempit, Banting, near here at 1am on Feb 14, 2008.

He was charged under Section 302 of the Penal Code, which carries the mandatory death sentence, if convicted.

Fourteen prosecution witnesses testified during the course of the trial while the accused testified under oath in his defence.

The prosecution was conducted by deputy public prosecutor Rosidah Abu Bakar while Ram was represented by counsel Jagdish Kaur.


(http://www.bernama.com/bernama/v5/newsgeneral.php?id=468441)

(Source: Bernama)

 
Putrajaya

6 January 2010

Contractor fails in final bid to escape gallows

A contractor who burnt his wife, son and four immediate relatives in a shophouse in a gruesome murder 13 years ago lost his final bid to escape the gallows when the Federal Court dismissed his appeal against his conviction and death sentence.

Yeap Boon Hai, 50, who had a series of quarrels with his wife, Kee Kok Kiang, after she asked for a divorce, was found guilty by the Shah Alam High Court of six counts of murder and sentenced him to death for all six murder charges in 2001.

On Wednesday, the Federal Court upheld his convictions and sentences.

According to evidence adduced during the trial, Yeap was also furious when his wife chased him out of the shophouse which she claimed belonged to her.

A petrol station attendant saw Yeap bringing four empty plastic containers to purchase petrol at 2.30am on the day of the incident.

A nurse who was staying in a house opposite the shophouse testified that she switched on the light of her toilet at about 3am on that day and saw Yeap fleeing and descending hurriedly from the staircase of the shophouse which was already on fire then.

The four relatives were Yeap’s mother-in-law Koh Seik Lang, 59; nephew-in-law Khor Khim Im, 38; brother-in-law Kee Kim Hup, 30; and maternal uncle Khor Chai Peng, 47. Yeap’s son, Yeap Cheok Wai, was only 12 at the time.

The Court of Appeal had on Dec 10, 2008 dismissed his appeal and reaffirmed his convictions and sentences.

On Wednesday, the Federal Court dismissed his appeal on grounds that there were no merits in his appeal.

In upholding the High Court and Court of Appeal decisions, Chief Judge of Malaya Justice Arifin Zakaria ruled that Yeap’s actions fall under the definition of murder.

“The appellant started the fire at the shophouse in the early morning knowing well that the shophouse was occupied by many people including his wife and son.

“His actions had put the life of innocent people in danger,” Justice Arifin said while reading out the three-man panel judgment on Wednesday.

The other two panel members were Federal Court judges Justices Mohd Ghazali Mohd Yusof and James Foong.

Yeap, who was handcuffed and sat in the dock, did not show any emotion upon hearing the finding of facts being affirmed by the apex court.

He had claimed trial to causing the death of six people in a shophouse in Taman Seri Serdang in Hulu Langat at about 3.50am on April 14, 1997.

In elaborating, Justice Arifin said the appellant may not have had the intention to cause the deaths but his actions were so imminently dangerous and in all probability would cause death.

“The High Court and Court of Appeal had come to the right decision.

“The Federal Court should not disturb the findings of fact by the trial judge who had reasonably drawn his conclusion from the evidence adduced in court.

“The trial judge had concluded that the fire was caused by an inflammable substance -- petrol -- and that the appellant had caused the fire,” he said.

Justice Arifin said the circumstantial evidence was overwhelming in the case against Yeap.

(http://thestar.com.my/news/story.asp?file=/2010/1/6/nation/20100106161821&sec=nation)

(Source: Star - Malaysia)
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Ipoh

8 January 2010

Housewife Escapes The Gallows

A housewife can look forward to celebrating the upcoming Chinese New Year with peace of mind following the High Court here on Friday acquitting and discharging her from a murder charge.

Wong Lai Leng, 53, from here, was charged with murdering her boyfriend Risham Abdullah, 45, at house number No.58, Tingkat Taman Ipoh 9, Ipoh Garden South here at 2pm on Dec 3 2008.

She was arrested the next day and was subsequently charged under Section 302 of the Penal Code, which carries the death by hanging sentence, if convicted.

Judicial Commissioner Chong Siew Kim, in her brief judgement today, said the prosecution failed to prove a prima facie case against the accused.

She arrived at the decision after hearing submissions from the prosecution and defence at the end of the trial on Thursday.

The prosecution was conducted by Deputy Public Prosecutor Aiza Khairuddin while Wong was represented by counsel Dr Naran Singh.

Eight prosecution witnesses testified during the course of the trial which began on Jan 4 last year.

Met outside the court, Wong, who was accompanied by her siblings who had come from New Zealand and the United States to give moral support, said she was very happy with the decision and that she had total faith in her lawyer.

"I will begin a new life...This (court decision today) is the best gift ahead of the Chinese New Year," she said.

During submissions yesterday, Aiza had said the victim was found lifeless and drenched in blood in a room of the house with slash wounds in the neck and chest and abrasions in the face, head and neck while the accused, who was also injured, was found lying in the master bedroom.

Aiza had contended that witnesses' testimonies and the situation at the crime scene, was proof enough to convict the accused.

However, Dr Naran Singh submitted that the prosecution failed to prove a prime facie case as there were too much inconsistencies from the witnesses as well as in materials produced as evidence like a machete, a pair of black shoes and a red towel, the owner of which was not known as a one of the witnesses, who was a tenant at the house, had never seen it before.

He had further submitted that the investigating officer when testifying had not discounted the possibility that a third party could have been responsible for the murder.

The prosecution had also failed to positively identify the victim, as the wallet in his trousers where it claimed his identity card was found was not produced as evidence, he added.

(http://www.bernama.com/bernama/v5/newsgeneral.php?id=467019)

(Source: Bernama)
 
Shah Alam

29 December 2009

Ganja trafficker to hang despite being underaged at time of arrest

The High Court here sentenced a foodstall waiter to death after finding him guilty of trafficking in 622gm of ganja in 2003.

Judge Datuk Mohd Zaki Md Yasin said although the accused Shahrul Izani Suparman was below the age of 21 when arrested, he had to impose the death sentence as it was mandatory for drug trafficking offences.

Shahrul Izani, 25, was 19 when caught trafficking in ganja in Jalan Hj Othman Rantau Panjang, Klang, at 10.15pm on Sept 25, 2003.

During the arrest, two packets of dried ganja leaves weighing 622gm were found in the basket of his motorcycle.

Touching on the Welfare Department’s report on his case, Mohd Zaki said it could not exonerate him but would help his case when seeking a pardon.

The report had said that Shahrul Izani had no knowledge whether the packets contained drugs or alcohol and was merely acting as a paid courier for an acquaintance who was a drug addict but his luck ran out at his third attempt to deliver the consignment.

It also said the accused, who himself was not involved in drug abuse and was a teetotaller, had been well-behaved while under remand.

It added that Shahrul Izani had repented and wanted the court to be more lenient with him.

Mohd Zaki, however, reassured him that the sentence would not be carried out until the appeal process was exhausted.

Shahrul Izani was represented by Suzana­wati Ismail while the prosecution was conducted by Deputy Public Prosecutor Hazril Harun.

(http://thestar.com.my/news/story.asp?file=/2009/12/29/courts/5376106&sec=courts)

(Source: Bernama)
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Alor Setar

30 December 2009

Man escapes death penalty

A 40-year-old mentally-unsound man was found guilty by a High Court here of murdering and raping a nine-year-old girl five years ago.

Mohd Bashrah Akhbar, however, escaped the gallows after Justice Datuk Mohd Sofian Abdul Razak ordered him to be sent to a mental hospital for treatment and detained there under the pleasure of the Sultan of Kedah after the court heard evidence during the defence stage that the accused suffered from mental illness.

Mohd Bashrah from Taman Rhu, Sungai Petani, was found guilty yesterday of murdering and raping the girl at an oil palm estate in Sungai Petani between 2pm and 4pm on Dec 21, 2004.

The murder charge under Section 302 of the Penal Code carries the mandatory death sentence upon conviction while the rape charge under Section 376 of the Penal Code carries a maximum jail sentence of 20 years and whipping.

In his submissions earlier, Deputy Public Prosecutor (DPP) Mohd Azari Harun said the DNA results which showed that Mohd Bashrah’s semen was found on the girl’s private part was an overwhelming evidence to prove that the accused had committed the offence.

“Although a defence witness had testified that the accused was at home at the time of the offence, the DNA results showed that he was with the deceased girl,” he said.

Defence counsel Pyara Singh said Mohd Bashrah had an alibi who confirmed that the latter was at home at the time of the offence.

He also said psychologist Dr Robayah Mohd Salleh had testified that the accused had mental problems and had sought treatment with her several times before the incident.

Newspaper reports on Dec 23, 2004 stated that the girl was raped and strangled after she was waylaid while cycling home from a religious class near her home in Taman Rhu, Sungai Petani.

It was also reported that the girl, who was believed to have left her house at noon on Dec 21 was found in a ditch at an oil palm plantation about 300m from her house. She was still clad in her baju kurung.

Her underwear and father’s cellular phone which she had carried along that day were found several metres away from her body.

(http://thestar.com.my/news/story.asp?file=/2009/12/30/courts/5384195&sec=courts)

(Source: Star - Malaysia)
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Kota Baru

30 December 2009

Three friends sentenced to death for trafficking in heroin

The High Court today sentenced to death three close friends after finding them guilty of trafficking in heroin three years ago.

Labourers Mohd Zulkifli Musa, 34, and Kamaruzaman Ibrahim, 44, and oil palm lorry driver Abdullah Mat Daud, 29, were calm when the judgement was read out by Justice Datuk Mohd Azman Husin.

"The offence all three of you have committed is most severe and the court has no alternative but to pass this sentence. You can appeal," the judge said.

Mohd Zulkifli, Kamaruzaman and Abdullah were caught trafficking in 23.46 grams of heroin at the Hoi Key Restaurant in Jalan Toh Hakim here at 4.15pm on April 11, 2006.
They were charged under Section 39B(1)(a) of the Dangerous Drugs Act 1952, and sentenced under Section 39B(2) of the act, read with Section 34 of the Penal Code, which carries the mandatory death sentence upon conviction.

Mohd Zulkifli and Kamaruzaman are from Rantau Panjang while Abdullah is from Tanah Merah.

Mohd Zulkifli was represented by counsel Tara Singh Dilip, Kamaruzaman by counsel Wan Abdullah Thani Wan Yusof and Abdullah by counsel Rozihan Othman. Deputy Public Prosecutor Wan Azimah Yaakob prosecuted.

(http://malaysia.news.yahoo.com/bnm/20091230/tts-court-death-bm-with-pix-993ba14.html)

(Source: Bernama) 

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