Saturday, October 31, 2009

Getting Away with Murder in Malaysia (Asia Sentinel) - Honesty and efficient investigation needed to find the truth and justice

Deaths in Custody - After years of fighting, we manage to at least get the government to take a stance that there will be inquests for deaths in police custody. Now, after the death of Teoh Beng Hock, this 'policy' need to be extended to deaths in custody of the MACC and other branches of government.

There have been several deaths also in Immigration Detention Centres, and there must also be inquests to investigate into these deaths..

Inquests or Inquiry into deaths must of course be truthful. But alas, it has been shown that many will lie or 'adjust' their investigation results so that government, police and public servants end up being blameless. Evidence also may have been hidden. Investigations not thorough, etc. All these make a mockery of inquests and inquiries into deaths in custody.

Just be honest - and be diligent in finding out the truth. Do not subvert justice.

ImageIt's best to be connected to the ruling national coalition

On July 16, according to the testimony of a Thai pathologist, Teoh Beng Hock, a 29-year-old aide to an opposition politician, was probably beaten during a marathon questioning session, sodomized, strangled unconscious, dragged to a window of the Malaysia Anti-Corruption Commission in Kuala Lumpur and thrown to his death.

The country's law enforcement establishment maintains that Teoh committed suicide by leaping from the MACC building after the inquiry was concluded into irregularities in his boss's accounts. But it is far from the first "suicide" in custody and what happened to Teoh happens all too frequently when the luckless collide with the powerful in Malaysia. His real killers are unlikely ever to be identified. As many as 350 people have died in custody since 1990. The privileged are rarely brought to trial.

The most infamous recent case before Teoh's is that of Altantuya Shaariibuu, a 28 year-old Mongolian translator who was murdered in 2006 by two bodyguards of then-Deputy Prime Minister Najib Tun Razak. Altantuya had been jilted by Najib's best friend, Abdul Razak Baginda, and was demanding money from him.

Although numerous witnesses and evidence connected Najib to the affair, he was never questioned or put on the witness stand, nor was his chief of staff, Musa Safri, who Baginda said in a cautioned statement he approached about getting Altantuya from ceasing her harrassment. His two bodyguards were convicted of the murder although one, in his confession, said the two men were to be paid RM100,000 to kill her. The court never asked who would pay the money. The confession wasn't allowed in court. Baginda was acquitted without having to put on a defense and promptly left the country and Najib was eventually named Prime Minister.

Such questionable cases go back to at least the early 1980s when Sultan Mahmud Iskandar of Johor was dubbed the "killer king" by the British tabloids after he shot a trespasser to death on his property. He also reportedly assaulted and killed a golf caddy who was said to have laughed when the sultan missed a golf stroke and he maimed the caddy's brother. He later was alleged to have assaulted and injured a hockey coach, kicking off a constitutional crisis that led to former Prime Minister Mahathir Mohamad's removal of legal immunity from prosecution for all of Malaysia's nine sultans, although Iskandar was never either arrested or jailed.

There are plenty more. In 1988 an attractive young woman named Mustakizah Jaafar, who owned a video rental business in Malacca, was found hacked to death by unknown assailants. Mustakizah reportedly was pregnant at the time of her death. She was believed to be having an affair with Megat Junid Megat Ayob, the onetime UMNO deputy home affairs minister, who died in January 2008 of cancer.

No one was ever charged with Mutakizah's murder. The widespread gossip about Megat Junid's connection with Mustakizah didn't do his political career any harm. He was ultimately named Domestic Trade and Consumer Affairs Minister in 1997 although he lost his parliamentary seat two years later and retired from politics.

In 2002 the decomposed body of Haslezah Ishak, the attractive young second wife of Raja Jaafar Raja Muda Musa, second in line to the throne of Perak, whom he had met in a karaoke lounge, was found under a bridge, clad in a bra and jeans. Four men, including a palace aide, a bomoh or witch doctor, a fisherman and a carpenter were arrested and jailed for the murder. No one was ever arrested or questioned for hiring them to kill her although suspicion fell on the prince's wife, Rajah Mahani, who had been publicly consulting witch doctors over her suspicion that Haslezah had put a spell on her husband.

In 2003, another attractive young woman, Norita Shamsudin, was found murdered in an apartment in a Kuala Lumpur suburb. A night club guest relations officer, Norita had been rumored to be having an affair with Shahidan Kassim, then chief minister of the state of Perlis. Although another individual was arrested and charged with the murder, he was later declared not guilty and no one else was ever charged. According to local news reports, the inspector general of police, Mohd Bakri Omar, classified the case under Malaysia's Official Secrets Act and no details were ever released.

Earlier this year, authorities finally completed an inquest into the 2007 death of beautiful ethnic Indian actress Sujatha Krishnan, who also worked part-time as a secretary to S.Vell Paari, chief executive officer of Maika Holdings and the son of S. Samy Vellu, the head of the Malaysian Indian Congress, a component of the ruling national coalition. Sujatha died in a hospital in a Kuala Lumpur suburb of Klang three days after she had been rushed in for treatment. Her body was cremated almost immediately after her death. The coroner ruled she had died after poisoning herself by drinking poison. The family vainly requested an investigation into her death.

For those at the bottom end of Malaysia's power spectrum, life can be considerably tougher if suspicion falls on them. According to the reform organization Malaysians Against Death Penalty and Torture (MADPET), a distressing number of suspects have died in custody. "Relying merely on data provided by the government, it has been disclosed that there have been 150 deaths from 1990 until 2004 (10.7 per year), 108 deaths between 2000 and 2006 (18 per year), and, 85 deaths between 2003 and 2007 (21.25 per year)," the organization said.

According to a 2003 report by the Asian Human Rights Commission – the same year Norita was killed ‑ statistics released in Malaysia's parliament in October of that year by the Home Ministry, showed 23 people died in police custody between 2002 and July 2003. Of those, 16 died in 2002 although according to the report, other figures indicated that 18 had died in custody in the first nine months of 2002 alone. Parliament was told in October 2002 that a total of 34 persons had died in police custody since 2000 ‑ six in 2000, 10 in 2001 and 18 from January to September 2002.

According to the report, then-Deputy Home Minister Chor Chee Heung denied that methods of torture used to obtain information from suspects led to their deaths. He claimed that the majority of deaths were the result of attempts to escape from police custody. Typical seemed to be the case of Hasrizal Hamzah, who had been detained on suspicion of murder in October of 2003. According to a senior assistant police commissioner, Harizal confessed to the murder and then, as he was being moved to a new location, supposedly shoved the accompanying policeman aside despite being handcuffed, and leapt over a balcony to his death.

Earlier this year, the Indian community was enraged by the death of a 22-year-old named Kugan Ananthan who was detained on Jan. 15 on suspicion of stealing luxury cars. He reportedly collapsed during questioning and died on Jan. 20 from "acute pulmonary edema," or fluid in the lungs. However, after his body was released to his family, an autopsy found that he had suffered from internal bleeding in his heart, left lung, spleen, kidneys and scalp area. The soles of his feet had been beaten and the back of his neck and spine area were bleeding. His back was covered with contusions, beating marks and bruises. He had sustained more than 10 serious burn marks, probably as the result of being burned by a heated v-shaped iron bar. He had also been starved during the entire time he was being tortured, allegedly by as many as seven police officers, his family charged.

"There is a clear lack of supervision, medical care and concern for the general well-being and rights of suspects while under police remand," the Human Rights Commission said in its 2003 report. It does not appear that anything has changed. The odds are that the cases involving both Kugan and Teoh will end up the same way scores of others have. - Asia Sentinel, 26/10/2009,
Getting Away with Murder in Malaysia

Monday, October 05, 2009

Another 'shoot to kill' incident? 4 suspects on the way to commit robbery shot dead .

Another 'shoot to kill' incident, and this time the 4 deceased were allegedly on the way to commit a robbery - but we will never know for the dead cannot rebutt this allegation. Not even one survived ...and that raises a lot of questions....

LUNAS – They were on their way to commit a robbery this morning without realizing that would be their last.

The four suspects were shot dead by police in Bukit Kalus here.

According to a Star report, a police patrol car tried to stop a vehicle whose driver and passengers, all in their 20s, were acting suspiciously, at about 11am, but the car sped off instead.

The policemen gave chase. One of the passengers then opened fire at the policemen who immediately returned fire, killing the suspects.

Several firearms and burglary tools were recovered from the vehicle.

The deceased are believed to have been involved in a spate of armed robberies and burglaries in several states. - The Malaysian Mirror,5/10/2009,
Four robbery suspects shot dead

Friday, September 25, 2009

Exposure to water contaminated by animal urine kills 6 Burmese Migrants in Detention in Malaysia

Joint Statement - 25/9/2009

LEPTOSPIROSIS CAUSES DEATH OF ANOTHER 6 BURMESE IN DETENTION IN MALAYSIA

DENIAL OF HEALTHCARE IS A VIOLATION OF RIGHT TO LIFE

We are shocked and disappointed to hear that another six Burmese migrants have died while in detention in Malaysia because of a suspected waterborne disease. Leptospirosis is caused by exposure to water contaminated by animal urine, like rat urine. (Straits Times, 25/9/2009, Migrants die in detention/ Associated Press, 24/9/2009).

From our investigation, the names of 3 of those who have died are So Thein [Prison Body number 0853, Block B1, Ethnicity: Burman, Age: 36], Min Khaing [Body number 5009, Ethnicity: Karen, Age: 23] and Min Nown [Ethnicity: Arkan, Age: 28]. The other 3 are of Chin ethnicity. It seems that the deaths happened in August.

This time the deaths seem to have occurred at the Detention Centre at the KL International Airport (KLIA) depot. The Straits Times report states that an official had informed them that ‘…the detainees likely contracted the disease in another centre. They were transferred together with some 700 others after a riot there...’. In an earlier report (Star, 24/7/2009), it was stated that ‘…some 700 Myanmar illegal immigrants involved in a ruckus at the Semenyih immigration depot early this month have been moved to the department’s KL International Airport (KLIA) depot…’

It must be noted that this is not the first case of death by reason of Leptospirosis. Sa La Hin, 26, and Thang Hoih Ping, 21, two Burmese migrants, died in the Malaysia’s Juru Immigration Detention Centre from Leptospirosis in May 2009. 127 civil society groups and organizations responded vide a joint statement entitled ‘Death Of 2 Burmese Indicative Of State Of Detention Places In Malaysia - Denial Of Healthcare Is A Violation Of Right To Life’.

Complaints were also lodged with the Malaysia’s Human Rights Commission (SUHAKAM), Malaysian Prime Minister Dato' Sri Mohd Najib Bin Tun Haji Abdul Razak,, Minister of Home Affairs Datuk Seri Hishammuddin Tun Hussein, and the Minister of Health Dato' Sri Liow Tiong Lai,

After that Leptospirosis outbreak in the Juru Detention Centre in Penang in May, the Immigration Director-General Abdul Rahman assured us that the cleanliness and hygiene at immigration depots nationwide will be stepped-up to ensure safety of staff and inmates there against contracting infectious diseases (Bernama, 19/5/2009).

SUHAKAM also vide letter dated 16/7/2009 had informed us that they had met with the Director General of Immigration on 4/6/2009, and amongst others, had recommended that ‘… as a measure to control contagious diseases to ensure that all immigration detention centres should have a doctor or medical officer in line with international requirements, and that cleanliness of detention centres should be taken care of.’

It must also be borne in mind that last year SUHAKAM identified medical care as an overriding reason why 1,300 detainees have died over the past six years, and had made recommendations to the government. At present the 22 centres throughout Malaysia do not have a permanent clinical dispensary manned by doctors or a medical assistant to help detainees. (ABC News, 28/5/2009)

In May 2009, it was reported that about 26 were admitted to hospital following a Leptospirosis outbreak in the Juru Detention Centre, and they survived, and this leads us to believe that prompt access to healthcare can avoid death. It is shocking that in this recent case, 6 have died. What is more disturbing is that there seem to have been no reported disclosure by the Malaysian authorities on this. We still do not know the number of detainees that have been affected this time.

This is a disease caused by exposure to water contaminated with the urine of infected animals, and is very rarely propagated through contact with affected persons. Question must be raised as to how detainees in an enclosed detention centre are contracting this disease. Are they being affected through the food and water supplied by the detention centres? Are the detention centres having a rat infestation problem?

After the recent deaths and outbreak in the Juru Detention Centre, one would have expected the Malaysian government to have taken immediate steps to ensure that there are no more cases of Leptospirosis outbreak and deaths. We wonder also whether the authorities took a lackadaisical attitude, and did not even conduct a thorough investigation to determine the source of the contamination that caused that outbreak. Results of such investigations will not only determine liability, but would also ensure that further deaths from Leptospirosis could be avoided.

We, the undersigned, call on the Malaysian Human Rights Commission (SUHAKAM) to immediately commence a public inquiry into these deaths and detention places generally, and come up with concrete recommendations which could be implemented that will improve state of cleanliness, hygiene and healthcare of all detention places in Malaysia. It was sad that SUHAKAM decided not to carry out a public inquiry after the Juru deaths in May.

We are also call upon the Ministry of Health and the government of Malaysia to conduct a thorough investigation into the cause of this Leptospirosis outbreak, which is reported to have already resulted in 6 deaths.

We also call for the resignation of Immigration Director-General Abdul Rahman, considering that this is second reported case of deaths by reason of Leptospirosis at Immigration Detention Centres within the last 4 months.

The Malaysian government must take necessary action to ensure that proper steps be taken so that such disregard for life does not happen again.

With regard to those who have died, their family and/or dependents should be given adequate compensation by the persons responsible, the detaining authority and the Malaysian government.

Officers and persons responsible for the acts or omissions that resulted in death and suffering should be charged and prosecuted for these crimes. They should not be permitted to hide behind safeguards provided to public servants, which unfortunately only promotes culture of impunity with no sense of responsibility and respect for human life.

Charles Hector

Pranom Somwong

Tun Tun

For and on behalf of the 23 organizations/groups listed below:-

Asian Migrant Centre (AMC)

Burma Campaign, Malaysia

Clean Clothes Campaign -International Secretariat

Coordination of Action Research on AIDS & Mobility (CARAM -Asia)

FIDH - International Federation for Human Rights

Khmer Kampuchea Krom Human Rights Organization (Cambodia)

Legal Support for Children and Women (LSCW) Cambodia

MADPET (Malaysians against Death Penalty and Torture)

MAP Foundation, Thailand

Mekong Migration Network (MMN)

Mekong Ecumenical Partnership Program-MEPP

Migrant Forum in Asia (MFA)

National League for Democracy [NLD (LA)], Malaysia

Network of Action for Migrants in Malaysia (NAMM)

Nepal Institute of Development Studies (NIDS) Nepal

Parti Rakyat Malaysia (PRM)

Persatuan Kesedaran Komuniti Selangor

Persatuan Masyarakat Malaysia & Wilayah Persekutuan (PERMAS)

Pusat Komas

The Shan Refugee Organization (SRO) Malaysia

Thai Action Committees for Democracy in Burma (TACDB)

The Action Network for Migrants (ANM) Thailand

Workers Hub for Change (WH4C)

Friday, September 18, 2009

Home Minister sad about person shot dead by Indonesian police... what about when persons shot dead by Malaysian police?

I am amazed at how our Home Minister is so concerned about that 'shoot to kill' incident of a Malaysian in Indonesia. How he laments about what happened...stating that it could have been handled differently - i.e. that he could have been rehabilitated. (All this is according to the Star Report)

Is it not hypocritical that this same Minisiter, who is responsible for the Malaysian police, do not seem to have expressed similar sentiments when Malaysian police have killed so many in 'shoot to kill'. Surely, those alleged criminals shot dead by Malaysian police could also be rehabilitated...

Terrorist Noor­din Md Top, who was shot dead by Indonesian police, could have been rehabilitated.

Home Minister Datuk Seri Hisha­mmuddin Tun Hussein said he was sad to hear about the death.

“What he did was wrong. We don’t condone what he did. I am sad that we did not get to rehabilitate him, like we have done with many others, including Jemaah Islamiah militants.

“I am sad because a life is a life,” he told reporters after watching personnel from the police, Rela, Civil Defence Department and Rescue and Safety Department carry out Ops Sikap at the Jalan Duta toll here.

Noordin, a militant mastermind who eluded capture for nine years and terrorised Indonesia with a string of deadly bombings, was killed during a shoot-out in central Indonesia yesterday.

Hishammuddin said the Government would help Noordin’s family bring the body back after the authorities completed their investigations.

He said Noordin’s identity had been confirmed through a fingerprint check but a DNA test would be conducted to verify the result.

Hishammuddin said Malaysia had cooperated with all parties, including Indonesia, in cross-border crime, but added that Malaysia had no part in yesterday’s raid. - Star, 18/9/2009, Hisham: Noordin could have been rehabilitated


And, what rehabilitation is our Home Minister talking about? If he is talking about detaining them under the ISA or other detention without trial law...surely that is certainly not 'rehabilitation' - but torture...and a violation of human rights. Detaining persons without even giving them a chance to defend themselves in an open trial is very wrong.

If one is interested in rehabilitation, then you must first give the person a fair trial, and after he pleads guilty...or is found guilty after a trial ...then, you can start your process of rehabilitation, and that too if the said person want you to do so.

It is also very wrong to brand people as criminals or terrorists... for all is to be presumed innocent until proven guilty.

The Star is wrong in using the term "Terrorist Noor­din Md Top" - and rightly should use the term 'suspected terrorist' or 'alleged terrorist'.

I hope our Home Minister, Datuk Seri Hisha­mmuddin Tun Hussein, will also have similar sentiments when persons are shot dead by Malaysian police. In fact, it would be good to hear the Minister publicly call upon the Malaysian police to try to arrest persons alive...

Some incidents of 'shoot to kill' reported in the media that I saw in August 2009...

24/8/2009 - Star, 24/8/2009, Four Indonesian robbers killed by police

21/8/2009 - Star, 21/8/2009, Two robbers shot dead in Klang

11/8/2009 - - Star, 11/8/2009, Four wanted Indonesians killed by police

See earlier post - Another 'shoot to kill' incident - 4 killed.Yahoo has this question now that need answers: Do you agree that Malaysian police tends to shoot to kill?

Sunday, September 13, 2009

Proof that the Malaysian police can also shoot, injure and arrest - without killing them all.

If the police, want to they can shoot people in the legs, etc....and arrest them. There really is no necessity of shooting them dead.

Man shot for threatening police with parang

KUCHING: A 38-year-old man was detained on Thursday after he evaded being checked by police.

A police car was patrolling along Batu 5 along Jalan Penrissen when they asked a Proton Wira driver to pull over.

But the man just drove away, prompting the police to give chase.

Somewhere along the way, a male passenger got off the Wira. Police went on pursuing the Wira.

Subsequently, more police cars joined in the pursuit as the driver headed towards Jalan Stapok Utama.

There, the suspect lost control of his car and crashed into a monsoon drain.

As police tried to apprehend the suspect, he wielded a parang threatening the police officers.

Police fired a warning shot but the man ignored it.

The police then shot the man’s leg.

After that, the suspect was taken to Sarawak General Hospital (SGH).

Police discovered three laptop computers, a mobile phone, and a ‘parang’ in the car apart from a car plate number, which the police believed belonged to another car.- Borneo Post Online, 12/9/2009, Man shot for threatening police with parang

See earlier post - Another 'shoot to kill' incident - 4 killed. Yahoo has this question now that need answers: Do you agree that Malaysian police tends to shoot to kill?

Some of the more recent shoot to kill incidents that got reported in the media, and came to my attention..

24/8/2009 - Star, 24/8/2009, Four Indonesian robbers killed by police

21/8/2009 - Star, 21/8/2009, Two robbers shot dead in Klang

11/8/2009 - - Star, 11/8/2009, Four wanted Indonesians killed by police

Thursday, August 20, 2009

2 shot dead by police in Klang - there must be a public inquiry into these 'shoot to kill' cases

Another 'shoot to kill' incident? Or are these really cases of extrajudicial killing?

2 ALLEGED robbers shot dead - we really need a mechanism which will determine:-

A - That these persons were robbers ...- armed robbers, involved in the said robbery as alleged (Burden of proof shall be beyond reasonable doubt same as any criminal charge).

B- That there was no reasonable way for the police to have arrested the said 2 without having to kill them.

For people who die in police custody - there already is an unwritten policy that there will be a public inquiry into the death - i.e. the inquest conducted by the Coroner.

What about for those that are shot dead by the police and other enforcement officers?

Maybe, the Bar Council or SUHAKAM can look into this and make the necessary proposals.

Police shot dead two men, believed to be involved in an armed robbery of a house in Kota Kemuning, where a 70-year-old man has also died.

The robbery, which had occured between 10pm and 3am on Friday morning, was believed to have caused the senior citizen to suffer from a heart attack and die.

Both man and his wife have been tied up by the robbers, who took a long time to ransack the house.

Both the robbers were believed to be Indonesians. - Star, 21/8/2009, Two robbers shot dead in Klang



Sunday, August 09, 2009

Were the 5 all robbers? Did they deserve to be all shot dead by the police?

Another case of Malaysian police's 'shoot to kill' cases. All dead - and nobody will know the truth. Were they really robbers? Did they have weapons - was there a shoot-out? Were the 'incriminating evidence' planted later on, as seen in some movies?

We really must have some public inquiry by the courts - where the police will be tasked with proving their 'wild allegations', and also justifying the killing... Could they not have been shot in the legs,...?

Woman shocked hubby one of five robbers shot dead

KUCHING: A young Indonesian woman who lodged a police report regarding her husband’s disappearance on Tuesday was shocked to learn he was one of the five foreign robbers shot dead by the police in Kota Samarahan last week.

The unidentified woman then went to the Sarawak General Hospital mortuary with her three-year-old daughter where she confirmed that one of the dead men was her 21-year-old husband.

According to a source, the woman initially went to the Mile 10 police station to lodge a missing person report after her husband failed to return to their rented house at Mile 10 Jalan Penrissen since last week.

From her description, police were able to establish his identity and learned that he was a construction worker.

The woman revealed her husband had been adopted by a local family as a child and had relatives on both sides of the border.

She was also not aware he had been leading a ‘double life’ as a robber, but added that he would regularly cross the border to supposedly visit his relatives.

As for the remaining four men, the woman said they had been staying with the family at the rented house, but she did not know who they were except that they were ‘relatives’ of her husband.

In the Dec 4 incident, five men were killed following an early morning shoot-out with a team of police officers from the Sarawak contingent headquarters near the Jalan Samarahan/Kampung Baru roundabout in Kota Samarahan.

A member of the public alerted the police after spotting five suspicious-looking men in a Wira Aeroback in Semariang here.

Two police vehicles sped to the area and encountered the group before chasing them to Samarahan where the deadly shootout occurred.

Following the incident, police found an assortment of offensive weapons, including guns, along with amulets and talismans worn by the robbers.

Sarawak Police Commissioner Datuk Mohmad Salleh later said he believed the robbers were linked to 38 cases here and Samarahan since July this year, and that the success was part of the statewide ‘Ops Rantau’ targeting foreign robbers which previously saw three being shot dead in Kuching on Sept 24, followed by another three in Sibu and four in Bintulu recently. - Borneo Post, 11/12/2008, Woman shocked hubby one of five robbers shot dead

Thursday, July 23, 2009

Death Penalty News - Malaysia (Jan - May 2009)

Below are some news reports about death penalty in Malaysia (Jan- May 2009). We reiterate our call for the abolition of the death penalty.

We call on Malaysia to comply with the United Nations General Assembly Resolution of December 2007 (Resolution 62/149), and the recent 18th December 2008 Resolution - both of which called for a MORATORIUM on executions. See also
Malaysia executes - hours after passing of 2nd UN Resolution asking for stop of all executions



9 January 2009 - Shah Alam (Source: New Straits Times - Malaysia)

Drug trafficker to hang

The High Court yesterday sentenced to death a man from Aceh for trafficking in 491g of ganja in 2006.

Teuku Nawardin Syamsuar, 32, unemployed, was found guilty of committing the offence in front of the AS Logistics Sdn Bhd factory in Jalan Teluk Kapas, Rantau Panjang, Klang, at 8.45pm on Oct 9.

Police found the drugs in a pocket of his trousers.

Teuku Nawardin showed no emotion when sentence was passed by judge Datuk Syed Ahmad Helmy Syed Ahmad.

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17 January 2009 - Kota Kinabalu (Star)

Attendant gets death penalty

A lorry attendant was sentenced to death by the High Court here after he was found guilty of murdering a 47-year-old businesswoman five years ago.

High Court judge Justice Clement Skinner delivered the sentence on Hasanuddin Sinring, 28, after he ruled that the defence had failed to cast a reasonable doubt on the prosecution’s case.

Hasanuddin was accused of murdering Elizabeth Wong Oi Chin at about 6.15pm on Oct 31, 2004, at the car park behind Poring Cinema in Asia City.

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23 January 2009 - Kuching (New Strait Times)

Ex-college student emotionless after death sentence appeal dismissed

A 31-year-old former college student showed no emotion when the Federal Court dismissed his appeal against a death sentence imposed by the lower court for trafficking in drugs 10 years ago.

After the court reaffirmed the death sentence on Teng Howe Sing imposed by the Sibu High Court and reaffirmed by the Court of Appeal, Teng was seen conversing with his parents before he was whisked away to the prison.

"We do not wish to disturb the findings of the lower court," Federal Court judge Datuk Zulkefli Ahmad Makinudin said in a written judgment today.

The High Court and the Court of Appeal had come to the same conclusion that Teng had knowledge of the drugs when he was caught by the police.

Zulkefli agreed that this was a case of actual possession and that Teng had failed to raise a reasonable doubt on the prosecution's case and rebut the presumption of trafficking.

Teng was charged with trafficking in 371.12 grammes of cannabis in front of WWW Chat Cafe, Jalan Kai Peng, Off Jalan Tuanku Osman in Sibu about 7.50pm on March 17, 1999.

Teng and another man, identified as Moh Yong Ming, were arrested by police in an ambush. They were seen coming down the staircase that led to the offices of Skynet Worldwide Courier Services on the second floor of a shophouse block, and were walking toward a motorcycle parked outside.

They ran away when the police shouted "Polis, jangan lari". Teng was seen throwing away a package, containing the drugs. He and Moh, who turned a prosecution witness, were taken to the Sibu Central Police Station for investigation.

The police seized a Skynet Consignment Note, a wallet and a handphone from Teng. He had collected the package from Skynet office by signing himself as Ling Hang Wei.

The package, from a person known as Ah Mui in Selangor written on the reverse side, was addressed to "Jeffrey Wong, Sibu".

The chemist confirmed that the dried leaves inside the package were cannabis.

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23 January 2009 - Muar (Star)

Death sentence for trafficking morphine, heroin

The High Court here on Friday sentenced a 41-year-old man to the gallows after finding him guilty of trafficking 21.6gms of morphine and heroin in 2003.

Ng Pak Nang, from Jalan Daud here, was calm when Justice Datuk Ahmadi Asnawi passed the sentence under Section 39B(2) of the Dangerous Drugs Act 1952.

Ng, who was represented by counsel Diljit Kaur, was charged under Section 39B(1) (a) of the same act after he was arrested on May 6, 2003.

According to the charge, he was arrested at his house along Jalan Daud at about 3.20pm and was found to have had 11.16gms of morphine and 10.44gms of heroin.

Although he was living with his parents in the house, the drugs were found in his room.

Justice Ahmadi said the prosecution led by deputy public prosecutor Ashrof Adrin Kamarul had succeeded in proving the case beyond any doubt.

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30 January 2009 - Johor Baru (Star)

Van driver gets death for trafficking

A 30-year-old former van driver was sentenced to death for drug trafficking by a High Court here.

Mohd Rizal Mohd Jamil, from Kangkar Tebrau, had been charged with trafficking 766.6g of cannabis at around 7pm on Feb 7, 2006 at the Tebrau industrial area in Kangkar Tebrau, Plentong.

High Court Judicial Commissioner Datuk Mohd Zawawi Salleh said the defence had failed to cast reasonable doubt over the prosecution’s case.

In his judgement, he accepted the evidence tendered by the police over the drugs, which had been found in the car Mohd Rizal had been driving.

He also rejected defence counsel A. Vimala’s argument that Mohd Rizal’s statement when he was arrested was a confession, but said the accused was merely providing the police with information.

Vimala had argued that when police had arrested Mohd Rizal, her client had confessed that there were illegal goods in his car.

She said that the confession should not be admissible in court, as the police had not properly cautioned the suspect at that time.

Mohd Zawawi also ruled that Mohd Rizal knew about the drugs as they were kept in plain view in the accessory compartment of the car next to the steering wheel.

He said that he had no other choice but to pass the mandatory death sentence.

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31 January 2009 - Malacca (AsiaOne News)

Singaporean gets death for Malacca murder

A 29-year-old Singaporean was sentenced to death yesterday by the High Court here for the murder of a 42-year-old Taiwanese woman five years ago.

Kelvyn John was found guilty by the court for the murder of housewife Lin Fang Chu, who was found dead with multiple stab and slash wounds at her condominium on Oct 19, 2004.

High Court judge Abdu Samah Nordin said that the court was convinced beyond reasonable doubt that the accused had committed the offence.

Justice Abdu Samah said that the victim had suffered 18 stab and slash wounds on her head, arms and body.

He said that just by looking at the post-mortem photographs of the victim, any reasonable or sane person could see that the killer was ruthless and cruel.

The judge rejected the defence argument of provocation and self-defence, saying that John had fabricated his explanation for attacking Ms Lin.

He also noted that John had shown no emotions throughout the entire proceedings.

The accused, who served in the Singapore Armed Forces and lived opposite the victim's house, had gone over on the pretext of borrowing a pail of water from her.

However, he stabbed and slashed the woman in her kitchen and subsequently attacked one of her three daughters who was at home at the time.

He forced the 16-year-old girl to bind her dying mother's feet and hands before he took the teen up to a room, where he slashed her several times on the head and then tied her hands and feet with a pair of shoelaces.

The accused, who ran his own business in Malacca, then made off with a mobile phone and NT$9,200 (S$410).

He was arrested two days later.

The dead woman's husband, Mr Lu Shar Hua, 51, said he was satisfied with the verdict.

'I have been waiting for this day to come for more than four years, and I am happy to see that justice has been done today for my deceased wife,' he said.

Mr Lu, who continues to live in Malacca with his children, also praised the country's legal system for being impartial and fair.

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31 January 2009 - Kuala Lumpur (New Straits Times)

Two foreigners to hang for drug trafficking

A man from Peru was sentenced to death by the High Court yesterday after he was found guilty of trafficking in cocaine two years ago.

Judicial Commissioner Azman Abdullah passed the sentence on Amasifuen Tello Reyes, 30, after finding the defence had failed to raise any doubt in the prosecution's case.

Reyes was ordered to enter his defence by Azman on Wednesday after the court ruled that the prosecution had established a prima facie case against him.

He was charged with trafficking in 714 grammes of cocaine along the roadside near Jalan Sultan here about 7.30pm on May 15, 2007.

According to the facts of the case, a police team acting on a tip-off trailed Reyes from Kuala Lumpur International Airport after he arrived on a transit flight from Buenos Aires to Singapore.

Initially, the officers did not find any drugs on him.

Reyes was then taken to the Kuala Lumpur Hospital and a X-ray of his body revealed that there were more than 100 small tubes in his stomach.

He was admitted for four days at the hospital to "flush out" the tubes and a total of 114 tubes were recovered.

Further examination confirmed the tubes contained cocaine.

Reyes's counsel Tharamjit Singh told the court that Reyes had been jobless almost six months after he was retrenched from a factory in his hometown and was lured by a drug syndicate which had offered him US$3,000 (RM10,820).

Deputy public prosecutor Ahmad Fuad Othman argued that the law was very clear whether the accused was a local or foreigner, and the only punishment for drug trafficking in Malaysia was the mandatory death sentence.

In Shah Alam, a man from Aceh was sentenced to death by the High Court for trafficking in 406.93 grammes of cannabis three years ago.

High Court judge Datuk Syed Ahmad Helmy Syed Ahmad found contract worker Faisal Abdul Aziz, 33, guilty of trafficking in the drug at an oil palm plantation in Dengkil at 5.30pm on Jan 3, 2006.

Syed Ahmad said the prosecution, conducted by DPP Mohd Nordin Ismail, had succeeded in proving that Faisal was involved in trafficking drugs.

Faisal, who has been in remand since he was charged two years ago, cried as the sentence was read out to him.

He was represented by counsel A. Srimurugan.

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6 February 2009 - Kuala Lumpur (Star)

Identical twins escape death penalty

A pair of identical twins was acquitted and discharged by the High Court here Friday of drug trafficking because of difficulty in identifying which of the two was in possession of the drugs five years ago.

Justice Zaharah Ibrahim, who described the case as unique, said that although R. Sathis Raj and R. Sabarish Raj, 27, looked alike and had identical DNA, which made it difficult to differentiate between them, there was no doubt that one of them was the culprit.

”My job, as required by the law, is to determine whether the prosecution has succeeded in establishing a prima facie against the two accused. In this case, both are identical twins.

”Arresting officer Chief Inspector N. Sekaran, when identifying the first twin, was sceptical, but when asked by counsel, said that he needed some time and yet was still not so sure when identifying the first twin.

”A member in the arresting team, Kpl Mohamad Sidek Paiman, at first could not identify, but later asked for both the twins to stand and said there was a difference in their height. However, he identified the first twin as the one wearing spectacles.

”The question is, which of the twins was arrested first. Is it the one wearing the spectacles because at the time of arrest both were not wearing spectacles.

”Mohamad Sidek said he only identified them from the shirts they wore on that day,” she added.

Sathis Raj and Sabarish Raj were charged with their brother, R. Deva Raj, 43, now deceased, with two counts of trafficking in 166,336gm of canabis and 1,762gm of raw opium at a house in Jalan SS 2/19, Petaling Jaya, at about 4.05pm on Aug 5, 2003. Justice Zaharah said that based on the testimonies by the two policemen, there were doubts and the prosecution had failed to determine which of the twins was in possession of the drugs.

“One of the accused should be called to enter his defence but the question is which twin, because even the DNA cannot be used to determine the identity. On the day of the incident, both were not wearing spectacles. Otherwise, that could have been used as a basis for Mohamad Sidek to identify the first twin.

She said that although one of them was indeed in possession of the drugs, she was acquitting both because she could not afford to send the wrong person to the gallows.

After Justice Zaharah delivered her judgment, the twins, both clad in white shirts, cried and hugged each other.

Deputy public prosecutor Rosidah Abu Bakar prosecuted while counsel Gurbachan Singh appeared for the twins.

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16 February 2009 - Johor Baru (Star)

Taxi driver sentenced to death for drug trafficking

A part time taxi driver was sentenced to death by a High Court after he was found guilty of trafficking drugs.

Romi Amora Amir, 38, from Larkin Jaya, had been charged on Aug 5 in 2005 with trafficking in 466.4g of cannabis on July 24, 2005 at around 4.20am in front of Kedai Wah Seng and Cold Storage along Jalan Tebrau in Kim Teng Park.

Romi Amora also faced a separate charge of possessing 0.7g of cannabis.

During the trial, the prosecution told the court that police had found the 466.g of drugs under the driver’s seat of the taxi Romi Amora had been driving.

Deputy public prosecutor Laila Lateh also told the court that police had found the 0.7g of cannabis in Romi Amoras right side pant pocket upon inspection.

Romi Amora, who was represented by defence counsel Sukhaimi Mashud denied both charges and claimed he had no knowledge of the drugs found in the taxi.

He told the court that the drugs could have been left in the taxi by four passengers he had carried just prior to being arrested by the police.

Romi Amora also said that the taxi was borrowed from his friend, and that it was possible that his friend’s wife, who owned the taxi, had placed the drugs there.

The accused also denied that any drugs had been found in his pocket and claimed that the police had actually found all the drugs only in the taxi.

In his mitigation, Romi Amora pleaded to the court for mercy and said that he had three children and that his father had passed away.

High Court Judicial Commissioner Datuk Mohd Zawawi Salleh ruled that the defence had failed to cast doubt on the prosecution’s case.

He said that it was not reasonable to believe that a wife would plant drugs in the taxi to get her husband in trouble, as alleged by the suspect.

He also pointed out that in the trial, it had been established that the couple had a good relationship and that it was illogical for the passengers to leave drugs with a high street value in a stranger’s taxi.

On the drugs found in the suspects pant pocket, Mohd Zawawi ruled that the police had no motive to create the story.

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17 February 2009 - Putrajaya (New Straits Times)

Death Row duo want to get it over quickly

Two men on Death Row declared yesterday they would not be seeking clemency from the Pardons Board.

Debt collector G. Krishna Rao and brother-in-law, ex-cop M. Rajendran, said the 10-year appeal process had taken its toll on them and they preferred to be hanged soon.

They said this moments after the Federal Court reaffirmed the death sentence on the two men for the murder of four people in Ipoh 11 years ago.

"The long wait has affected me, my family and other relatives," Krishna Rao, 39, told the New Straits Times.

Rajendran, 43, said being on Death Row had sapped him mentally and emotionally.

"I cannot bear living in solitary confinement anymore," he said.

Rajendran was married to Krishna Rao's sister.

Lawyer Malik Imtiaz Sarwar, who appeared for Rajendran, and Ahmad Nizam Mohamed, who represented Krishna Rao, said they would meet their clients in Kajang prison in a day or two to take instructions.

The lawyers could make representation to the board to consider commuting their clients' death penalty to jail sentences.

Krishna Rao, Rajendran and goldsmith K. Kumaresan, then 24, were jointly charged with the murders of S. Veeramah, 48, her son N. Sathian, 15, and Indonesian maid Juriyah @ Sariyah, 35.

The offences were committed at a house in Taman Seri Dermawan, Bercham, between 6.30pm on March 12, 1998 and 11.45pm the following day.

They were also charged with the murder of part-time watchman M. Balakrishnan 52, at Malligah Jewellers in Jalan Lahat, during the same date and time frame in March 1998.

Kumaresan was acquitted without his defence being called.

In August 1999, High Court Judge Datuk Kang Hwee Ghee sentenced Krishna Rao to death after he opted to remain silent. Rajendran received the same sentence after giving evidence under oath.

In Jan 2007, the Court of Appeal dismissed their appeals.

Yesterday, Federal Court judge Tan Sri Richard Malanjum, who delivered the unanimous ruling, said there was no miscarriage of justice in the concurrent finding of facts by the High Court and the Court of Appeal.

Malanjum, who sat with Datuk Nik Hashim Nik Abdul Rahman and Datuk Hashim Yusof, said evidence by a consultant forensic pathologist revealed the four were murdered in a brutal manner as they suffered multiple stab wounds.

Malanjum said the trial judge was correct in admitting as evidence the information by Krishna Rao which lead to the discovery of Balakrishnan's body and that of Rajendran, who hid the stolen jewellery in Ulu Kinta.

He said the prosecution had proved that the two had common intention to commit the crimes.

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25 February 2009 - Putrajaya (New Straits Times)

'Allow those on Death Row early appeals'

The Bar Council wants the judiciary to fast track the appeals of convicted prisoners placed on Death Row.

Its Criminal Law Practice Committee chairman, Hisyam Teh Poh Teik, said it was inhumane for such prisoners to remain in solitary confinement for a long period.

"It amounts to additional punishment as prisoners do not know the finality of their appeals."

Hisyam said this in response to a New Straits Times report last week where two men declared that they would not seek clemency from the Pardons Board as they had been on Death Row for almost 10 years.

One of them, G. Krishna Rao, said the long wait had affected him, his family and relatives.

Krishna, 39, a former debt collector, said he could no longer go through the mental stress of being alone in a cell for 23 hours a day.

He and his brother-in-law M. Rajendran, 43, murdered four people in Ipoh, 12 years ago.

In August 1999, the High Court found them guilty of the quadruple murders.

The Court of Appeal and the Federal Court dismissed their appeals in 2007 and last week respectively.

Hisyam hoped Chief Justice Tan Sri Zaki Azmi who had recognised the problem would take a proactive step in the matter.

"The appeal process must be expedited and this includes preparation of appeal records by the court staff from the trial court."

He said lawyers and prosecutors must also be ready to conduct appeals soon after the appellate court had fixed the date.

Meanwhile, veteran lawyer and MP for Bukit Gelugor Karpal Singh said the then Supreme Court in 1976 had given the authorities a timely reminder that those facing capital punishment should be accorded a speedy trial.

Karpal said in Singapore, the appeals of such convicted prisoners were disposed of within 18 months after their conviction.

He said an early disposal was necessary because the law did not provide compensation to those placed under Death Row but who had won their appeals.

Karpal said prisoners who made representations to the board were also unsure of an early decision as there were many cases to be looked at.

He said only the Attorney-General could provide his opinion before the board tendered its advice on a representation.

He said a commutation of death penalty to life imprisonment only starts from the decision date of the board.

"I understand the agony of prisoners who have to spend many years inside their cells while awaiting the decision of the board."


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28 February 2009 - Shah Alam (Star)

Technician gets death for drug trafficking

A former customer service technician was sentenced to death after the High Court found him guilty of drug trafficking.

M. Saravanan Muthu, 35, was visibly shaken when High Court judge Justice Datuk Syed Ahmad Helmy Syed Ahmad pronounced the death sentence.

Saravanan, from Balakong, wept as he heard the news and as his mother bade him farewell after the sentence was meted out. He was found guilty of trafficking in 1,800gms of cannabis at a petrol station in Jalan Utara in Petaling district at about 9pm on March 9, 2006.

Justice Syed Ahmad Helmy said the prosecution had proved the case beyond reasonable doubt.

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5 March 2009 - Shah Alam (New Straits Times/Sun)

Mineral water seller to hang for shooting at policemen

A mineral water seller was sentenced to death by the High Court here today after being found guilty of firing at four policemen during a bank robbery seven years ago.

Justice Datuk Su Geok Yiam imposed the sentence after the prosecution, represented by Deputy Public Prosecutor Salim Soib, had proven the case beyond reasonable doubt against the accused Yong Kar Mun, 40.

The accused, who was standing in the dock, appeared calm shortly after the judge read the verdict.

Yong was found guilty of opening fire at policemen Julayili Hassan, Yuzry Awang Takong, Abdul Ghani Ahmad and Mohd Fadzil Ibrahim with the intention of causing injury or death to the policemen at the Maybank located at No 7 and 8, Jalan Tanjong SD, 13/1 Bandar Sri Damansara, Sungai Buloh, Petaling Jaya, at about 3.25pm on June 3, 2002.

Yong was accused of committing the offence with an accomplice, Teng Mun Hoong, 40, who died shortly after the incident.

Yong, who was arrested on the day of the incident, was charged under Section 3 of the Firearms Act (Increased Penalty) 1971 (Act 37) which carries the death sentence upon conviction.

In the incident, Yong's accomplice was shot dead about 100 metres from the bank after the duo attempted to flee on a motorcycle with RM836,717 in cash and Singapore currency.

Throughout the trial, the prosecution produced 11 witnesses while the defence produced one.

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27 March 2009 - Putrajaya (New Straits Times)

Canny Ong's murderer to hang

Ahmad Najib Aris, the former aircraft cleaning supervisor convicted of the rape and murder of IT analyst Canny Ong Lay Kian six years ago, today lost his final appeal to quash his conviction.

This follows a decision by the Federal Court to uphold the death sentence on the man for committing the crimes on Ong whose charred remains were found in a manhole near a highway construction site in 2003.

In rejecting Ahmad Najib's final appeal to quash his conviction and death sentence, Federal Court Judge Datuk Zulkefli Ahmad Makinuddin who read the judgment, said the court was satisfied there was circumstantial evidence and the evidence in its entirety, to come to the conclusion it was Ahmad Najib and no one else who was responsible for what happened to Ong that night.

In his 47-page judgment, he said the prosecution's evidence from the relevant prosecution witnesses also showed that Ahmad Najib was seen with Ong at various places that night.

In a unanimous decision, Zulkefli said the Court of Appeal had made a correct finding in relying on the contents of the chemist's report that the circumstantial evidence, including the discovery of Ong's bloodstains on the trousers found in Ahmad Najib's house, pointed to the fact that no one else, except Ahmad Najib, responsible to what happened to the victim.

The appeal was heard before a five-man bench comprising Chief Judge of Malaya Datuk Arifin Zakaria, Federal Court Justices, Datuk Nik Hashim Nik Ab Rahman, Datuk S. Augustine Paul, Datuk Hashim Yusoff and Zulkefli.

Ahmad Najib, wearing a black and white short-sleeved shirt and black trousers, was composed when the verdict was announced.

After the proceedings, Ahmad Najib who was accompanied by his mother, Rapipah Ahmad, and youngest sister Suhana, was asked to comment on the court's decision.

He said: "I had expected this decision."

Ahmad Najib, 33, had appealed against the Court of Appeal's dismissal of his appeal to set aside his conviction, death sentence and 20-year jail term meted out by the Shah Alam High Court on Feb 23, 2005, for the rape and murder of the 28-year-old victim.

He was found guilty of committing the offences at 7th Mile, Jalan Klang Lama, between 1am and 5am on June 14, 2003.

The 46-day trial at the High Court began on Sept 15, 2003 and ended on May 20, 2004, when the prosecution closed its case. The judge ordered Ahmad Najib to make his defence.

"From the evidence explained at the High Court, it is clear that PW4 (prosecution witness) had positively identified the appellant (Ahmad Najib) as the person who was with the deceased on the night of June 13, 2003," he said.

Zulkefli said a DNA test confirmed Ahmad Najib's semen in Ong's vagina which proved that he had intercourse with the victim.

"The contents of the chemist's report have the direct effect of linking the appellant (Ahmad Najib) to the commission of the rape and murder of the deceased (Ong)," he said.

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8 April 2009 - Putrajaya (New Straits Times)

Man to hang for Herzog's murder

A young man due to be released from prison next year for causing the death of German-born Australian Hans Herzog, now faces the gallows instead.

Low Kian Boon, 24, was yesterday sent to death row after the Court of Appeal set aside his 10-year jail sentence and found him guilty of murdering the 59-year-old businessman.

Judge Datuk Gopal Sri Ram also ordered Low's co-accused, a juvenile aged 17 at the time of the offence, to be detained at the pleasure of the sultan.

Sri Ram, who sat with Datuk Hasan Lah and Datuk Jeffrey Tan, said they found the two accused to have intended to inflict the fatal wounds which caused the death of the deceased.

"The attack on the deceased was pre-planned. This was supported (through evidence adduced) by the purchase of two parang and the manner in which the two accused had entered the deceased's home.

"Taking into account the element of premeditation, the nature of the weapon used, the nature of injuries which indicated a savage attack and other circumstances, the conclusion is that they intended to kill the deceased."

Having heard submissions on Tuesday by the prosecution and the defence, he said the latter's plea of innocence had failed.

"We found the prosecution had established all the ingredients of murder at the High Court and the judge had, therefore, misdirected himself on the facts and evidence for convicting them of a lesser charge (of culpable homicide not amounting to murder)."

As the juvenile was aged 17 at the time of the offence, Sri Ram said he fell within the Child Act 2001, where no death sentence should be passed upon him.

"We, therefore, direct him to be detained at a place of lawful imprisonment at the pleasure of the Sultan of Selangor.

"As for the first accused, Low Kian Boon, this court finds you guilty of murder and it is the judgment of this court that you be taken to a place where you will be hanged until you are dead."

Low and his co-accused, now aged 23, looked calm when the sentence was passed.

They were initially charged with murdering Herzog at his home in Taman Subang Mewah in Subang Jaya, Selangor between 12.30am and 12.45am on Nov 12, 2003.

They were tried and convicted on a lesser charge and both were sentenced to 10 years' imprisonment in 2004.

They were ordered to serve the sentence from the date of their arrest in November 2003.

They were expected to be released next year after taking into account a one third remission for good behaviour.

The prosecution appealed against the High Court's decision in convicting them on a lesser charge, while the defence cross-appealed against the conviction on the grounds that their clients were innocent.

Deputy public prosecutor Ahmad Bache prosecuted. Low was represented by counsel Edmund Bon while Karpal Singh and Sangeet Kaur Deo appeared for the co-accused.

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8 April 2009 - Kuala Lumpur (AFP)

Malaysian policemen to hang for murder

Two Malaysian policemen were sentenced to death Thursday for the murder of Mongolian woman Altantuya Shaariibuu, in a sensational case the opposition has tried to link with new premier Najib Razak.

Abdul Razak Baginda, a close associate of Najib who was sworn in as prime minister last week, had been accused of ordering police to kill his former lover after she came to his family home to harass him for money.

But last year he was acquitted of abetting the 2006 slaying of the 28-year-old model and interpreter -- a case which, with its ingredients of sex, politics and violence, has captivated the nation.

Altantuya's body was blown up with military-grade explosives in a jungle clearing, leaving only shattered bone fragments as evidence.

The two officers found guilty of the murder, Chief Inspector Azilah Hadri and Corporal Sirul Azhar Umar, are from an elite unit that guards the prime minister and deputy prime minister.

"Each of them are blaming the other, they failed to raise reasonable doubt against the prosecution's case. I convict both of you as charged," said Shah Alam High Court judge Zaki Mohamad Yasin.

"I sentence both of you to death. You will be taken to a place of execution where you will be hanged by your neck until you are dead," he said.

The pair looked calm when the sentence was handed down, and then stepped out of the dock and hugged their lawyers, who later said they would file an appeal.

Azilah's fiance, Nur Azila Baharuddin, insisted the pair were not guilty.

"We expected him to be acquitted but the judge has made the decision. We will wait for the next stage," she told reporters. "I really want to marry him, I have been waiting for so long since 2006."

Malaysia's top blogger Raja Petra Kamaruddin has been charged with sedition after repeatedly linked Najib and his wife to the murder on his popular website Malaysia Today.

Najib has vehemently denied any involvement in the killing and said he never even met Altantuya, but despite any evidence linking him to the case, the allegations persist and the opposition has called for an official inquiry.

Karpal Singh, an opposition politician and leading lawyer who is representing Altantuya's family, said the verdict left many questions unanswered.

"You must satisfy the international community. The international community does not accept that only these two are responsible for the murder. It goes beyond these two," he told reporters.

"These two have no motive, they didn't even know her before."

Altantuya's father Setev Shaariibuu was distraught over the acquittal last year, in a case seen as a test of the strength of Malaysia's much-criticised judiciary.

"I am not satisfied. My daughter knows only one Malaysian and it is Razak Baginda. Now my daughter is dead and Baginda is freed... the country has lost credibility in the world," he told reporters at the time.

Setev Shaariibuu was not present in court on Thursday.

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9 April 2009 - Kuala Lumpur (Star)

Man facing firing squad in China wants to meet kin

A National Drug Prevention Association (Pemadam) life member who is on death row in China for drug smuggling wants to meet his siblings for the last time.

Malaysian Ong Kim Fatt, 44, who is also a Rela member, was supposed to face the firing squad in February but the execution was postponed in order for his last wish to be fulfilled.

Ong, who lived in Lorong Haji Taib 5, wants to meet his brothers – Hock Kooi, 38, and Hock Kiang, 41, – and sisters Siew Chin, 35, and Kam Yoke, 45.

He was arrested at the Gao Qi International Airport in Xiamen on Sept 19, 2007 after Customs officers confiscated 13 packets of heroin weighing nearly 1.5kg from him.

The drug, wrapped in plastic bags, was hidden in his luggage. Ong flew in from Manila.

The Chinese authorities have sought help from Malaysia to trace Ong’s siblings but efforts to locate them in the past two months failed.

Last Friday, the Foreign Ministry turned to MCA Public Services and Complaints Bureau head Datuk Michael Chong for assistance to locate Ong’s family.

At a press conference yesterday, Chong urged those who knew their whereabouts to contact him at 03-2161 5678.

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14 April 2009 - Kuala Lumpur (Star)

Chong seeks ministry’s help in death row clemency bid

MCA Public Service and Complaints Department head Datuk Michael Chong will meet Deputy Foreign Minister Datuk Lee Chee Leong on Thursday to discuss a clemency appeal for Ong Kim Fatt, who is on death row in China.

Chong said the department would be seeking the assistance of the Foreign Ministry to appeal for Ong’s death sentence to be commuted to life imprisonment.

“We hope to plead for clemency with the Chinese authorities because this death sentence was the first to be meted out for a drug offence since World War II,” he told the press conference.

Ong, 44, was found guilty of trafficking in 13 packets of heroin weighing 1,480gm at the Xiamen Gao Qi International Airport on Sept 19, 2007.

Ong, a Rela member, was to face the firing squad in February but the execution was postponed to fulfil his last wish of meeting his siblings.

Meanwhile, MCA Bukit Bintang chairman Datuk Dr Lee Chong Meng, who was also at the press conference, said he had located Ong’s family members.

Coincidentally, they were residing on the top floor in the same building as his service centre in Lorong Haji Taib in Chow Kit here.

Two members of the family, Hock Kooi, 38, and Hock Kiang, 41, were present at the press conference.

Dr Lee, who is a former Bukit Bintang MP, said one of the family members was mentally unstable while three others were odd-jobbers.


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14 April 2009 - Kota Kinabalu (Daily Express)

Man's death verdict is upheld

A 55-year-old local, who was sentenced to death seven years ago for murdering his female companion, failed in his appeal against conviction and sentence in the Court of Appeal here Monday.

Justice Tengku Datuk Baharudin Shah Tengku Mahmud, who sat with Justice Datuk Md Raus Sharif and Justice Datuk Abdul Hamid Embong, unanimously dismissed Chung Tain Kong's appeal after hearing submissions from his counsel Datuk Chau Chin Tang and Deputy Public Prosecutor Ahmad Bache.

Unemployed Chung was found guilty and convicted by the High Court on May 5, 2003 for murdering one Lee Chin Hiong, 36, with a knife at 2.30pm on Jan 17, 2007 at House No: 18, Lorong Muntahan 3, Taman Cendawan, here.

The offence under Section 302 of the Penal Code carries a mandatory death sentence on conviction.

Earlier, Chau submitted, among others, that the trial judge had accepted on assumption that the appellant had been attacked by the deceased but had exceeded his right of self-defence, the appellant should therefore only be convicted under Section 304(a) of the Penal Code and not Section 302.

He said in the light of the clear failure of the trial judge's compliance with the laws relating to his duty when dealing with the defence and the culminative effect of all the grounds, "how would he be in a proper position to say whether the appellant had raised a reasonable doubt to the prosecution case or that the prosecution had proved its case against the appellant beyond a reasonable doubt?"

In the circumstances the appellant's conviction should have been vitiated by all the infirmities, Chau said.


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14 April 2009 - Shah Alam (Star)

Sirul files appeal over death penalty

Police Special Action Force (UTK) officer Kpl Sirul Azhar Umar has filed an appeal against his conviction and death sentence for the murder of Mongolian translator Altantuya Shaariibuu.

His lawyer Ahmad Zaidi Zainal filed the application on his behalf at the High Court registry here at 11am yesterday.

On Thursday, Kpl Sirul and his co-accused Chief Inspector Azilah Hadri were found guilty of the murder after a trial, which took 165 days, and were ordered to be sent to the gallows.

Both of them had claimed trial to murdering Altantuya, 28, at Mukim Bukit Raja, here, between 10pm on Oct 19 and 1am on Oct 20, 2006.

Azilah, represented by his lawyer, had filed his appeal against the conviction last Friday.

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22 April 2009 - Temerloh (Star)

Two Thais To Hang For Trafficking In Cannabis

Two thai nationals were sentenced to death by the High Court here today for trafficking in 18.754kg of cannabis at a petrol station in Bentong five years ago.

Justice Datuk Abdul Halim Aman, in convicting Sureeya Wuttisat, 45, and Asan Tong, 47, both of Narathiwat province, held that the defence had failed to cast a doubt on the prosecution's case.

They were found guilty of committing the offence at the Esso petrol station in Jalan Ketari, Bentong, at 3.30pm on April 24, 2004.

The offence under section 39B of the Dangerous Drugs Act 1952 carries the mandatory death sentence.

The prosecution called 13 witnesses and the defence, four.

Deputy public prosecutor Datuk Razali Che Ani appeared for the prosecution while the two were represented by counsel Muhammad Hasif Hasan.

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23 April 2009 - Kuala Lumpur (Star)

M’sia appeals for clemency for man on China death row

The Foreign Ministry has already sent a clemency appeal for Malaysian Ong Kim Fatt who is on death row in China for drug trafficking, said its Deputy Minister Datuk Lee Chee Leong.

Ong is the first one to face the death sentence for a drug offence in China since World War II.

“We have sent a letter to our Chinese counterpart appealing for Ong’s death sentence to be commuted to life imprisonment,” Lee said in a press conference at Wisma MCA on Thursday.

He added that the Malaysian Embassy there has also been appealing to the Chinese court regarding this matter.

“We want to remind all Malaysians to respect and abide by the laws of the countries they are travelling in,” he said.

Ong, 44, was found guilty of trafficking 13 packets of heroin weighing 1,480gm at the Xiamen Gao Qi International Airport on Sept 19, 2007.

Earlier last week, MCA Public Service and Complaints Department head Datuk Michael Chong sought the Foreign Ministry’s help to lessen Ong’s predicament as the death sentence was the first one to be dealt out for a drug offence since World War II.

Ong was to have faced the firing squad in February but the execution was postponed to Apr 29 to fulfil his last wish of meeting his siblings.

MCA Bukit Bintang chairman Datuk Dr Lee Chong Meng, who was also at the press conference, said that he will be accompanying Ong’s brothers, Hock Hooi, 38, and Hock Kiang, 41, to China on Apr 27 to fulfil Ong’s last wish and hopefully get his clemency appeal approved.

Previously, Dr Lee managed to find Ong’s family members as they were coincidentally residing on the top floor of the building where his service centre in Chow Kit is located.

“I hope that Ong is given some leniency as I believe that he was used by a drug syndicate somewhere. He is not a smart man. He can be very naive,” Dr Lee said.

Dr Lee added that it was unlikely that Ong had had enough money to buy the heroin himself.

Meanwhile, Chong said that he had spoken to Interpol’s National Centre Bureau assistant director Supt Gan Tack Guan, who informed him that Interpol was still probing into the matter.

“Investigations will carry on until they find out who the real culprits are. We want the drug syndicate exposed,” he said.



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12 May 2009 - Kuantan (New Straits Times)

It's death for former cop

A former policeman was sentenced to death after he was found guilty of trafficking in 811.9g of ganja four years ago.

Judge Datuk Abdul Halim Aman made the decision after Mohd Isa Zainal Abidin, 52, failed to raise a reasonable doubt in the prosecution's case.

The former lance corporal at Pekan police headquarters was represented by counsel Bob Arumugam while deputy public prosecutor Nor Azizah Mohamad prosecuted.

Isa was found guilty on two charges of trafficking in ganja at two locations.

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12 May 2009 - Kuala Lumpur (Bernama)

Two Thais To Hang For Drug Trafficking

The High Court here Monday sent two Thai nationals to hang after finding them guilty of trafficking in 34.9kg of cannabis.

Masoh Daloh, 35, and Romuelee Yakoh, 46, committed the offence at a Titiwangsa Lake Park carpark at 12.10am on Feb 20, 2002. Police found the drugs in a car.

Judge Datuk Wira Moktarudin Baki said that after studying the arguments presented by both parties, the court found that the defence had failed to cast doubts on the prosecution's case.

Masoh and Romuelee were represented by lawyer Naran Singh while the prosecution was conducted by Deputy Public Prosecutor Othman Yusof.


14 May 2009, Kuala Lumpur (Bernama)

Housewife Sent To The Gallows For Husband's Death

A housewife and her cousin were ordered sent to the gallows by the High Court here today after they were found guilty of murdering her husband five years ago.

Justice Datuk Zaharah Ibrahim handed down the sentence after finding that the prosecution had established its case beyond reasonable doubt.

"Therefore, both of you, Shamim Bano Mohammed Farooque and Javeed Akhtar Abdul Waheed, are convicted of the murder under section 302 of the Penal Code and are sentenced to death by hanging," he added.

Shamim and Javeed were charged with murdering Reyaz Ahamed Maruf, 39, managing director of a plastic recycling company, at a house in Jalan 4/12G, section 4 Tambahan, Bandar Baru Bangi, near here, between 10pm on Nov 7, 2004, and 3am the following day.

A total of 16 prosecution witnesses were called during the trial, following which, on Nov 21, 2008, Shamim and Javeed, both from India, were ordered to enter their defence.

Shamin, who has four children, chose to testify under oath and told the court that her husband was killed by Javeed, Reyaz's friend, Ayub Khan and another man.

She said she saw the three men covered her husband's mouth and nose with plaster and then strangled him with a wire.

Javeed, in his defence, said he had no intention or motive to kill Reyaz, and that he was contacted by Shamin to help her bury Reyaz's body.

Deputy public prosecutor Roshidah Abu Bakar prosecuted while Shamin and Javeed were represented by counsel Kartar Singh and J.Kuldeep Kumar, respectively.

(Source: Bernama)

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Man to hang for drug trafficking
23 May 2009, New Straits Times

An electrician was sentenced to death by the High Court yesterday after he was found guilty of trafficking drugs six years ago.

Ng Kai Wei, 28, was charged with trafficking in 77.3g of drugs (42.9g of heroin and 34.4g of monoacetylmorphines) at Ipoh-Kuala Lumpur Toll Plaza, Jalan Duta, at 11.15pm on July 22, 2003.

Judicial commissioner Zainal Azman Ab Aziz made the decision after seven prosecution witnesses and a defence witness testified.

In his defence, Ng said he had no knowledge of the bag which was found in his car.

He said he was in the car with a friend, Ting Swee Wah, who initially drove the car from Penang to Rawang. After they stopped at Rawang, Ting asked him to take over the wheel.


They were stopped by police at Jalan Duta.

In his judgment, Zainal Azman said based on the evidence, he found that 'Ting' did not exist and the defence had failed to raise any reasonable doubt in the prosecution's case against Ng.

Ng was represented by counsel Manjit Singh while deputy public prosecutor Mohd Abazafree Mohd Abbas prosecuted.