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) 

Saturday, July 10, 2010

3 with no firearms shot dead by Malaysian police...

Another shoot to kill incident - 3 (armed not with firearms...) shot dead. What about shooting in the leg...and arresting persons?

Again, the dead, who cannot defend themselves, get 'defamed'. So fast... the police tells us that the dead have been involved in over 10 robberies over the past 4 months. If the police was so sure... then, why were they not arrested before this? Were there 'wanted posters' out asking members of the public to call in with information about whereabouts? Remember, the police do not even refer to them as suspects... or 'suspected to have been involved'...

How many bullets were used? Where were they shot? It really is not that easy to shoot and hit a target...or to hit a human person in such a way that causes death. Will there be an independent inquiry into this 'shooting incident'?


TAMPIN: Police shot dead three criminals believed to be members of a gang called Group 66 who were about to rob a businessman in Kg Air Gelugor in Gemencheh at about 4am Saturday.

The three, whose identities have yet to be established, were known to be aggressive and believed to be involved in a spate of robberies in Malacca, Johor and Negri Sembilan in recent months.

State police chief SAC1 Datuk Osman Salleh said two of the gang members managed to flee in a white Nissan Sunny.

The businessman, who is a deer farmer, has a farm behind his house.

“The 45-year-old businessman called the police when his herd of deer began making strange noises at the time. My men rushed to the scene and saw five people trying to break into the house,” he told reporters at the Tampin district police station.

He said three of the men lunged towards the cops and tried to attack them with machetes and the police had no option but to open fire. Two of the suspects were hit three times while the third was hit twice.

Osman said it was not known yet if the robbers were foreigners as they had no identification papers on them.

Preliminary investigations revealed that the men were involved in over 10 robberies in the past four months.
“The most recent was a robbery at a home in Felda Jelai in Gemas on June 11 where they fled with a loot worth more than RM30,000,” he said.

He said those with information on the case can contact investigating officer ASP Khairil Anuar Saidin at 06 4411 209,  06 443 1999 . - Star, 10/7/2010, Police shoots dead three robbers

Friday, April 30, 2010

Public inquiry for all police 'shoot to kill' incidents where people get killed/injured

Another police 'shoot-to-kill' incident....and this time a young Malaysian is the victim...

The law does not authorize the police to kill persons....remember that the police only has the power to arrests suspects, and in effecting these arrests, the police is permitted to use "...all means necessary to effect the arrest." . The main purpose is to arrest....not kill.

15.  Arrest, how made.
(1) In making an arrest the police officer or other person making the same shall actually touch or confine the body of the person to be arrested unless there is a submission to the custody by word or action.

(2) If such person forcibly resist the endeavour to arrest him or attempt to evade the arrest such officer or other person may use all means necessary to effect the arrest.

(3) Nothing in this section gives a right to cause the death of a person who is not accused of an offence punishable with death or with imprisonment for life. - section 15, Malaysian Criminal Procedure Code (Act 593)

Recent Posts:-Protest in Jakarta over Malaysian police 'shoot-to-kill' case - 3 persons killed

Malaysian Bar Council
____________________________________

Press Release
Teenager's death by police shooting is unacceptable! 



The Malaysian Bar is appalled that the police have shot and killed a teenager during a police operation.  Also troubling is the polices intolerable and offensive diversion of labelling him a criminal, which is geared at fending off blame, and is grossly unfair to his family and wholly irrelevant to the cause of death.


The excessive number of deaths by police shootings cements, in the public mind, the perception that law enforcement officers are either negligent or reckless in the performance of their duties.  Nothing less than an immediate, thorough, impartial and transparent investigation that includes a holistic and inclusive examination of all the relevant facts will assuage the publics concern regarding the integrity and credibility of the police force.


We are heartened that the authorities have reportedly classified the case as one of murder, and that the Deputy Home Minister will head a special panel to investigate the incident.  However, the Malaysian Bar reiterates its call for the powers of inquiry under Section 328 of the Criminal Procedure Code (CPC) to be invoked, and for an inquest to be carried out each time there is a fatality in the course of police operations, regardless of the circumstances.  It is in the public interest that the circumstances and cause of each such death be established by judicial inquiry and the application of judicial standards.


The police, and the Government, must take urgent action to ensure that justice is done and that stern measures are taken against any officer guilty of misconduct.  This matter must be given due priority in order to immediately redress any impunity or abuse of police power.


Our heartfelt condolences go out to Aminulrasyid Amzahs family and friends.


Ragunath Kesavan

President

Malaysian Bar



28 April 2010

AMNESTY INTERNATIONAL MALAYSIA



Press Statement
28 April 2010
                                                                                                                For Immediate Release


Public Confidence in Police Force must be Instilled
                            

Amnesty International Malaysia (AIM) regrets the actions taken by the 4 Royal Malaysian Policemen in the recent shooting incident that took place on 26 April 2010 which resulted in the death of Aminulrasyid Amzah, a 15 year old school boy. The car driven by Aminul, according to news report, came to a stop when it crashed into a tree and a concrete wall, and the policemen had opened fire, killing the victim.

AIM emphasizes that the police force have the responsibility to abide by international standards for law enforcements officials, set out in UN Code of Conducts for Law Enforcement Official and UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials.

Article 3 of UN Code of Conduct for Law Enforcement Official stipulates that law enforcement officials may use force only when strictly necessary.

Article 5 of Basic Principles on the Use of Force and Firearms by Law Enforcement Officials states that whenever the lawful use of force and firearms is unavoidable, law enforcement officials shall: 

a) exercise restraint in such use and act in proportion to the seriousness of the offence and the legitimate objective to be achieved, 

b) minimize damage and injury, and respect and preserve human life, and

c) ensure assistance and medical aid are rendered to any injured or affected persons at the earliest possible moment.

The death of Aminul could have been avoided if these rules were complied. The Royal Malaysian Police must now regain the confidence of the public. AIM strongly urges for a transparent investigation process on this case. The policemen and the force need to be accountable for these actions. According to the UN Code, a transparent and an independent oversight mechanism should be developed consistent with international human rights standards, and to be democratically accountable to a democratic authority and the community at large. AIM hopes that the UN Code will be adhered to in the investigation process.

The fundamental right to life as enshrined in UDHR and Federal Constitution must always be upheld. The Royal Malaysian Police and Malaysian government must now take steps to observe the UN recommendations to a development of non-lethal incapacitated weapons for use in appropriate situations, with a view to restraint application of means, capable of causing death or injury to persons.  


Nora Murat
Executive Director



--
Nora Murat
Executive Director
Amnesty International Malaysia


Tel: 603 7955 2680
Fax: 603 7955 2682
www.aimalaysia. org

SUARAM

大马人民之声

SUARA RAKYAT MALAYSIA


Address:  433A, Jalan 5/46, Gasing Indah, 46000 Petaling Jaya, Selangor, Malaysia.
Telephone: +6 03 7784 3525                                Fax: +6 03 7784 3526
Email: suaram@suaram. net                                Web: www.suaram.net


Kenyataan Media: 28 April 2010

Kini Remaja ditembak mati oleh Polis:

Segera Jalankan penyiasatan secara terbuka!

SUARAM mengutuk keras dan kecewa terhadap tindakan Polis Diraja Malaysia (PDRM) yang menembak mati  individu-individu tidak kira warga Malaysia ataupun warga asing  dengan lebih kerap. Pada 16 April 2010, SUARAM telah mengeluarkan kenyataan akhbar berkaitan penembakan mati oleh PDRM terhadap dua orang warga Malaysia bernama R. Logeswaran (38) dan Satchithananthan (25) serta tiga orang warga Indonesia yang bernama Abdul Sanu, Musdi dan Muhlis1. Kini terdapat satu lagi kes tembak mati oleh pihak Polis. Kali ini mangsanya adalah remaja yang  bernama Aminulrasyid yang berumur 15 tahun. Mangsa ditembak mati oleh pihak Polis   disyaki  terlibat dalam  satu kes jenayah yang dikatakan brlaku pada 26 April 2010 di Seksyen 11, Shah Alam .


SUARAM memandang serius terhadap semua kes tembak mati yang dilakukan oleh Polis selama ini . Kami ingin menekankan bahawa menembak mati seseorang dengan sewenang-wenangnya tanpa memberikan peluang untuk membela diri dan tanpa alasan yang kukuh adalah merupakan satu pencabulan hak asasi yang serius. Kami inginkan maklum balas segera dari pihak Polis apakah perlunya pihak polis menggunakan senjata terhadap seorang remaja yang berusia 15 tahun? Apakah profil jenayah yang boleh dimiliki oleh seorang remaja yang hanya berumur 15 tahun?


SUARAM sebuah organisasi Hak Asasi Manusia berpendapat penggunaan senjata dan tidak memberikan hak untuk  Aminulrasyid  membela diri adalah salah dari segi undang-undang  Hak Asasi dan ianya melanggari kebanyakan article dalam  Konvensyen Antarabangsa Perlindungan Kanak-Kanak (CRC) terutamanya  Artikel 16 (1)&(11) dan Artikel 37 yang memberi perlindiungan terhadap kanak-kanak bawah undang undang dan terlindung dari sebarang hukuman yang tidak berperikemanusiaan ataupun penangkapan tanpa bicara.


SUARAM memahami tanggjungawab pihak Polis untuk mencegah kegiatan jenayah di Malaysia, namun ianya tidak sesekali boleh memberikan ruang untuk pihak Polis untuk menangkap sebarang individu dan yang penting menggunakan senjata dengan sewenang-wenangnya keatas sesiapa pun dalam sebarang operasi untuk menahan penjenayah. Malah SUARAM  sebagai sebuah badan Hak Asasi juga agak risau dengan peningkatan angka  penggunaan senjata oleh pihak Polis sejak kebelakangan ini. Ini dapat dilihat apabila Kementerian Dalam Negeri menyiarkan dalam satu Kenyataan Akhbar di parlimen pada 18 Mac 2010, yang menyatakan bahawa jumlah kes tembak mati oleh polis adalah seramai 183 orang dari tahun 2007 hingga 2009.


SUARAM berpandangan kejadian kes-kes polis menembak mati suspek berlaku secara luas adalah disebabkan oleh kerana tiadanya mekanisme yang telus dan jelas tentang penggunaan senjata api oleh Polis. Malah apa yang lebih mengecewakan adalah dokumen panduan dalam menggunakan senjata api di Malaysia tidak dapat dirujuk oleh orang awam.2  Ini dengan jelas membuktikan bahawa penggunaan senjata api oleh polis tidak diimbangi oleh pemeriksaan awam dan sekaligus menyebabkan tahap akauntabiliti yang amat rendah di dalam institusi polis.


Memandangkan Kerajaan Malaysia berminat untuk bertanding untuk menjadi ahli Majlis Hak  Asasi Manusia, Pertubuhan Bangsa-bangsa Bersatu (PBB) bagi 2010-2013, adalah wajib bagi kerajaan untuk mengambil langkah untuk memastikan masalah-masalah mengenai hak asasi manusia ditangani berdasarkan prinsip-prinsip dan undang-undang antarabangsa.


Penembakan mati terhadap seseorang tanpa sebarang perbicaraan atau secara sewenang-wenangnya adalah dianggap sebagai kes pembunuhan yang serius. SUARAM menggesa kerajaan untuk membawa empat orang pengawai polis yang terlibat dalam kejadian ini ke muka pengadilan dan dibicarakan di makahmah untuk menegakkan keadilan terhadap mangsa dan keluarga mangsa.  



SUARAM menuntut agar pihak Kerajaan melaksanakan cadangan-cadangan yang dikemukakan oleh Suruhanjaya Diraja Penambahbaikan Perjalanan dan Pengurusan Polis Diraja Malaysia terutama nya menubuhkan Suruhanjaya Bebas Pengaduan dan Salah Laku Polis (IPCMC) dengan segera. Sekiranya langkah-langkah ini tidak diambil dengan segera, maka semua rakyat Malaysia  akan menjadi mangsa penyalahgunaan pihak Polis dan ini  sekaligus akan menunjukkan imej yang buruk terhadap Kerajaan Malaysia yang gagal memantau institusi kerajaan yang amat penting dalam sistem Pentadbiran negara.



Yap Heng Lung
Penyelaras  SUARAM

____________ _________ _________ _________ _________ _________ _________ ________


[Kenyataan Media: 16 April 2010/Tajuk:Lagi kematian disebabkan ditembak polis:Tiada akauntabiliti di dalam pencabulan hak dan pelanggaran prinsip antarabangsa]


3[Bab10: Memastikan Sistem Kepolisian Mematuhi Undang-undang yang Termaktub Dan Kewajipan   Hak Asasi manusia]/pg333/ Laporan Suruhanjaya Diraja Penambahbaikan Perjalanan dan pengurusan Polis Diraja Malaysia/2005








大马人民之声

SUARA RAKYAT MALAYSIA


Address:  433A, Jalan 5/46, Gasing Indah, 46000 Petaling Jaya, Selangor, Malaysia.
Telephone: +6 03 7784 3525                                Fax: +6 03 7784 3526
Email: suaram@suaram. net                                Web: www.suaram.net

致新闻总编辑:       
                                                 
                                                    文告:2010428
     青少年被警射死:涉案警员应被 提控上庭并速成立警务投诉委员会!
大马人 民之声严厉谴责大马皇家警队近日连续开枪射死案件。人民之声于2010416日曾发表文告关于两民印裔同胞(R. Logeswaran 38岁与Satchithananthan 25)3名印尼外劳(Abdul Sanu, Musdi Muhlis1)遭 警方开枪射死案后1,不超过两个星期又发生了一名15岁少年阿 密努拉希(Aminulrasyid Amzah)在426日于莎亚南11区驾车遭警方从车后方开枪射毙案件。

人民之声要求警方对于这宗少年射死案件作出全面性的解释,并说明 少年阿密努拉希曾经所涉及的罪案。我 们非常不能接受警方以开四枪自保免遭撞击的原因来对此案件做结论,更何况当事者是名年全15岁的青少年。警方时常以自保来回应枪杀案,但事 实上很多当场的嫌疑者性命却不受保,最后惨被射死。


人民之声认为缺乏透明与明确的机制来管制警队的枪械使用法是导致 射杀案逐渐增加的原因。此外,社会不被允许参考警队的枪械使用法也是让公众大失所望2。这足以导致警队的枪械使用法不被公民社会机制所监督与衡量, 并导致社会对警队的信心大大减低。


除此以外,人民之声呼吁有意竞选20102013联合国人权事务高级专员 办事处成员的政府马上负起责任捍卫人 权,解决一切人权遭迫害的课题,并着重于执法部队尤其警队贯彻人权意识,并在执行过程覆行人道主义。

少年阿 密努拉希被警方射死是件极为严重的课题,此案不只侵犯了基本人权以外,更使曾签署联合国儿童权利公约的政府遭受重重地打击。根据联合国 儿童权利公约第3与第6条文显示,政府需覆行责任与采取积极行动确保儿童居住的环境安全与保护儿童生存的权利。

根据联合国国际枪械军火公约《Code of Conduct for Law Enforcement Officials显示:只有处于极度危险并极大可能威胁 本身性命的情况下方可使用 枪械自卫….执 法单位在使用枪械之前需给予清楚的警告与足够的时间予对方。此外,国家刑事程序法典《Criminal Procedure Code (Act 593)》第153)条文也注明 了警方不能在拘捕时把不是被判死刑或终身监禁的被逮捕者致死。虽然如此,根据内政部在今年318日的国会解答中说明了从2007年至2009年 共有183名人士遭 警队枪杀。


蓄意或未经确定嫌疑者身份就射杀对方是件严重的谋杀案件。人民之声要求政府把涉 案的四名警员带上法庭审讯,并确保此事件不再发生,以捍卫社会公民的基本生存权。


根据2005年皇家 调查委员会报告书中显示大马皇家警队的滥权事件与频频侵犯人权的课题是警队面临最考验的事项3。 因此,人民之声呼吁政府落实皇家调查委员会报告书中的125项建议,并马上成立监督警察滥权委员会《IPCMC



叶兴隆
大马人民之声协调员



Monday, April 26, 2010

It's time for Malaysia to abolish the death penalty...

Pardons are given by Sultans....and that is why we are looking at the Pakatan Rakyat states to start the ball rolling by at least commuting death penalties to imprisonment sentences...


PETALING JAYA: The Govern­ment should abolish the death sentence, said former Suhakam commissioner Datuk N. Siva Subramaniam.

“I feel rather disturbed that there are about 100 people on death row, some for many years,” he said.

He said he was not saying that the pardon system was not working, but that it was “rather slow”.

Siva was one of panellists at the “Human Rights in Malaysia under the New Economic Model” forum held at Universiti Tunku Abdul Rahman (Utar) here yesterday.

“Waiting for the death sentence to be carried out is a bigger punishment than when the judge passes the sentence,” he said.

On another matter, Siva said the people born in this country should be given proper documentation to take over jobs held by foreign workers.

“The Government must speed up the process of giving birth certificates and identification cards to those born here.

“This issue should not be raised only during elections,” he said in reference to the matter being raised in the Hulu Selangor by-election campaign.

Other panellists were Serdang MP Teo Nie Ching and Wong Nai Chee from the MCA National Youth Bureau. The forum, moderated by Utar Centre of International Studies chairman Dr Stephen Leong, was organised by the university’s Centre for Social Change and Trends. - Star, 27/4/2010, Siva: It’s time to abolish death sentence

Thursday, April 08, 2010

Detention Without Trial - Under the Dangerous Drugs (Special Preventive Measures) Act 1985 - A SUARAM Statement

Press Statement: 26 March 2010
 

Blatant Abuse of Power by the Police in Latest DDA Arrest:

Release Actor Benjy Immediately!

 
SUARAM condemns and expresses its grave concerns over the arrest of actor Khaeryll Benjamin Ibrahim @Benjy under Section 3 of the Dangerous Drugs Act (Special Preventive Measures) 1985 (DDA), which provides for detention without trial up to 60 days, just minutes after he was released by the Magistrate's Court. No grounds were given as why he was arrested under section 3.
 
Benjy was freed yesterday (25 March 2010) on a RM2,000 bail with one surety but he was re-arrested by a group of 10 plainclothes personnel at 2.50pm, immediately after his mother, actress Azean Irdawaty, posted bail. None of the arresting policemen informed his mother the reasons of Benjy’s re-arrest and instead referred her to their superior officer for more information. Even the lawyers representing Benjy was not allowed by the police to assist Benjy.
 
Abuse of power and contempt of court
The re-arrest of detainees after being freed by the court is an outright abuse of the system by the police and the government. The use of the DDA or any other preventive detention laws leave those arrested with almost no recourse against wrongful arrest and detention. Worst still, the detainee will most likely face traumatic experiences in the first 60 days of detention under the DDA. SUARAM has documented numerous allegations of flawed police investigations and acts of torture, inhuman and degrading treatment by the police to obtain confession under duress from the DDA detainees.
 
The use of the DDA, particularly in instances where individuals have already been freed by the court such as the latest case of Benjy, is a blatant abuse of power by the police. Not only has the police disregarded the Magistrate Court ’s decision to release him on bail by detaining him without trial for 60 days, the DDA further confers powers to the Home Minister to sign two-year detention orders which can be renewed indefinitely at the end of the initial 60-day detention. The Home Minister’s decision cannot be challenged in court.
 
No justification for DDA (the other ISA )!
SUARAM recognizes the responsibility of the Malaysian government to curb crimes and to deal with drugs dealers, drug addicts, criminals, gangs and syndicates. Notwithstanding this, there is no justification for the government to resort to the use laws such as the DDA which violate human rights.
 
In societies governed by the rule of law, any person suspected of committing a crime is presumed innocent until proven guilty by a court of law which complies with international fair trial standards. The use of the DDA, however, is clearly in contravention of this universal principle. As such, like the ISA , the DDA has no place in any civilized society!
 
SUARAM stresses that the arbitrary detention of any individual without trial is a gross violation of fundamental human rights which clearly contravenes Article 5(3) of the Federal Constitution.
 
Release Benjy and all other DDA detainees! Abolish the DDA!
SUARAM therefore demands the police to release Benjy immediately and unconditionally.
 
SUARAM further strongly calls on the government to abolish the Dangerous Drugs (Special Preventive Measures) Act (DDA) and other detention-without- trial laws. Those held under these laws must be charged in court or released unconditionally.
 
 
 
Released By,
 
 
 
 
Nalini, E
Coordinator
Campaign against Detention without Trial
SUARAM

Thursday, April 01, 2010

Victim of Police Shooting still seeking justice - Malaysian police can shoot injure/kill the innocent and will not be penalised (or the victim compensated)?


Norizan Salleh, a 30-year-old single mother who was mistakenly shot five times by police officers last year, finally got her wish to take her grouses to Home Minister Hishammuddin Hussein.

NONENorizan (right in photo) plans to sue the police force for the serious injuries inflicted by the gunshots when she was travelling in a car with friends on Oct 30, 2009.

She had earlier sought a meeting with the minister to hand over a protest memorandum, but this was turned down.

Accompanied by her lawyer N Surendran, Norizan spoke to Hishammuddin in his office in Parliament for about 10 minutes demanding for justice over the ordeal she had suffered.

During her visit at about 10.20 am, Norizan handed a memorandum to Hishammuddin demanding an investigation against the police officers who shot her.

Hishammuddin did not comment on the matter but a statement was read to reporters by his parliamentary secretary, Markiman Kobiran, said that he will look into the matter and get feedback from the police.
The home minister had told Parliament last month that the Attorney-General's Chambers found no reason to pursue the matter.

"The case has been investigated under Section 307 of the Penal Code for attempted murder. The investigation papers have been sent to the deputy public prosecutor who decided not to take any further action on the case."
'Gun pointed at me'

Prior to her meeting, Norizan told reporters that she has no criminal record and criticised the police for their “brutal” treatment and for refusing to foot her RM18,000 medical bill.

NONERecalling the Oct 30 incident, Norizan said she was seated at the back of a vehicle along the Middle Right Road II in Gombak when a police patrol car rode abreast.

She said when she turned to look at the patrol car, she saw a police personnel pointing a gun at her and she immediately ducked. A hail of gunfire followed.

"When we pulled over and I realised I had been shot. The most serious wounds were to my right arm which was shattered by two bullets while another was lodged in the middle of my chest, narrowly missing my heart."

Two more bullets had grazed her arm and torso.

When her vehicle came to a stop, Norizan said she crawled out of the car and she was kicked and stomped on by a police personnel. She claimed that they were from the Sentul district police headquarters.

She later learned from the police personnel that the car she was traveling in was reported stolen in Alor Setar, Kedah.

Following this, Norizan was at the Kuala Lumpur general hospital and National Heart Institute for 12 days where she underwent numerous surgeries to remove the bullets.

She claims that she was told by hospital staff that the police had classified her case as a road accident.
'They were unarmed'
Previous news reports said the car was fitted with a false registration plate and had dangerous weapons such as axes, machetes, knives, falsified road tax stickers and several car keys were found in the vehicle.

The male suspects in the vehicle were later charged in court for the possession of dangerous weapons, obstructing the police from carrying out their duties and failing to produce their identity cards.

Norizan and another female occupant are witnesses in the case.

She has since approached the Bukit Aman Police Headquarters, human rights commision (Suhakam) and MCA complaints' bureau to demand justice and compensation to no avail.

Surendran said his client has no other recourse than to sue the police for damages and to ensure that they be punished for the incident.

"(Imagine) our shock and disappointment despite clear evidence of wrongdoings... the home minister said that the police acted properly," said Surendran.

He added that laws are clear that police can only shoot if there indication of actual danger to them.

"But these were unarmed people... what's the justification? It's a false story by the police, they said they acted in self-defence and said that her car was trying to ram theirs.

"But I can provide evidence because their car was fired on from the back... how could they say they were trying to ram the police while the shots were fired from the back?” he asked.

Minister shows no remorse

Parliamentarians Tian Chua (PKR - Batu), Charles Santiago (DAP - Klang), S Manikavasagam (PKR - Kapar) and Zuraidah Kamaruddin (PKR - Ampang) also lashed out at the authorities for their indifference.

"The minister did not take any responsibility (and has) no remorse. I hope this is not an isolated cause because there have been many times concerning police abuse of power and violence," said Chua.

Zuraidah, on the other hand, praised the Selangor government, which donated RM10,000 to Norizan for her medical expenses.

Santiago added that it is appalling that the government had turned its back on Norizan and others who had suffered at the hands of the authorities.

"She needs justice. Set up inquiry and ensure the culprits face the music," he said.

Earlier, the government had decided not to take action against the Police and the policemen involved...

The government has reiterated its refusal to take action against the police for mistakenly shooting 30-year-old single mother Norizan Salleh five times.

Home Minister Hishammuddin Hussein told the Dewan Rakyat that the Attorney-General's Chambers found no reason to pursue the matter.

NONE"The case has been investigated under Section 307 of the Penal Code, for attempted murder. The investigation papers have been sent to the deputy public prosecutor, who decided not to take any further action over the case."

Hishammuddin was replying to a question from Teluk Intan MP M Manogaran, who inquired if any disciplinary or legal action were taken against the police officers involved.

Elaborating, Hishammuddin said it was found that Norizan was in the company of others who were allegedly committing a crime.

"The police had to open fire as the suspects tried to ram into a police vehicle, despite being ordered to halt. Norizan was hit by bullet fragments.

"Furthermore, police investigations have concluded that the suspect's vehicle was reported to have been stolen," he said.

During the incident along the Middle Ring Road II in Kuala Lumpur last October, Norizan miraculously survived five gunshot wounds.

She claimed that she was later dragged out of the car and further assaulted, resulting in a broken rib.

The incident left Norizan with a permanently damaged hand. A bullet lodged close to her heart was also removed. The incident left her with RM18,000 medical bill.

She later took her case to the the Human Rights Commission and federal police headquarters for action against the police personnel involved but her complaints have fallen on deaf ears.


Norizan even tried to set an appointment with Hishammuddin to air her grouses but the latter has refused to meet her.- Malaysiakini, 25/3/2010, Hisham: No action against Norizan's shooters