Look into the case, orders CJ

KUALA LUMPUR: The Chief Justice will direct the senior High Court judge to look into the case where a Sessions Court judge is planning to cane a youthful offender himself in the courtroom.

“I am asking the senior judge in the Kuala Lumpur High Court to look into it and take the appropriate action,” Tun Zaki Tun Azmi told The Star.

“We have to confirm what actually happened.”

Zaki said this when asked to comment on news reports yesterday of the “rotan” sentence imposed on Muhammad Syafiq Abd Wahab, 20, under Section 293(1)(c) of the Criminal Procedure Code (CPC).

On Friday, Sessions Court judge Zainal Abidin Kamaruddin had ruled that he would cane Muhammad Syafiq in the presence of his parents in court on July 15.

The former sales promoter, who had pleaded guilty, falls within the definition of a youthful offender since he was 19 when he, and a friend still at large, committed the robbery armed with a knife on Nov 16 last year.

While Section 293(1)(c) allows the court to order a youthful male offender “to be whipped with not more than 10 strokes of a light cane or rattan within the court premises and in the presence, if he desires to be present, of the parent or guardian of that offender,” it is silent as to who should carry out the caning.

It is understood, however, that a magistrate had imposed and carried out such a sentence some 20 years ago and that it had been done by magistrates sitting in juvenile courts a long time ago.

“These days, it’s rarely imposed, but magistrates used to carry out such caning in their chambers in the presence of the two juvenile court advisers, the prosecuting officer and a parent,” said a former member of the Judicial and Legal Services.

Bar Council chairman Ragunath Kesavan said the council would write to the senior High Court judge tomorrow for a revision of the “rotan” sentence to be meted against Muham- mad Syafiq by the judge himself.

“The CPC provides for such a sentence but it’s a fundamental principle of the role of a judge in the criminal justice system that he cannot be both judge and executioner.”

In agreement, DAP chairman Karpal Singh and former UN Special Rapporteur for the Independence of Judges and Lawyers Datuk Param Cumaraswamy urged the Chief Justice himself to intervene in this case.

“This also goes against international human rights laws,” said Param when contacted.

Karpal said that, although Section 288(4) of the CPC states that this type of “whipping” shall be inflicted by way of rattan, a judge implementing his own sentence would infringe the doctrine of separation of powers.

“A judge imposes a sentence. It is the executive which carries out that sentence.”

Karpal said a judge could not compromise his impartiality by “descending” to carry out a whipping sentence, adding it should instead be carried out by a court official designated for that purpose.

The Star Online

Judge to cane robber in court

KUALA LUMPUR: In a rare court ruling, a sales promoter who admitted to armed robbery was ordered to be caned 10 times in the court premises. And the judge himself will do the caning.

Sessions Court judge Zainal Abidin Kamarudin ordered Muhammad Syafiq Abd Wahab, 20, to be caned in the presence of his parents.

The judge said he would personally cane Muhammad Syafiq on July 15 using canes supplied by the court.

Zainal Abidin said 10 light canes (rotan) were to be used to carry out the sentence as provided for under the Criminal Procedure Code for youthful offenders.

He also ordered Muhammad Syafiq to carry out 200 hours of community service.

Turning to the parents, the judge told the father, pensioner Abd Wahab Jonit, 64, that the offence was rarely passed by court but urged him to accept it.

“I know it is not a nice feeling for a father to watch his son being caned but it has to be done by a judge,” he said.

Zainal Abidin then urged Muhammad Syafiq to seek forgiveness from his father.

The youth, though, merely stared at the judge.

Muhammad Syafiq admitted to robbing student Muhammad Fitri Muhammad Zamzuri, 16, of his identity card and cell phone while armed with a knife.

He committed the offence with another friend still at large near the football stadium in Cheras at 1.30am on Nov 16 last year.

According to the facts, two men on a motorcycle approached Fitri, who was with two friends and demanded they surrender their belongings to them.

Muhammad Syafiq, who was riding pillion, also asked if they had any drugs with them before slapping Fitri and kicking his friend on the face. He also pointed a knife at them.

Just then, four military and religious officers on an anti-vice operation came to the students’ aid and arrested Muhammad Syafiq.

Earlier, Zainal Abidin ticked off Muhammad Syafiq when he heard his confession, saying he had chosen bad friends.

Welfare officer Muhd Razmee Abdul Razak, who tendered a probation report for Muhammad Syafiq, recommended that the youth be given a community service sentence saying that 80% of those who went through such a sentence showed progress in their attitude.

Source: The Star Online

Identical twins escape death penalty

KUALA LUMPUR: 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. - Bernama

Source: The Star Online

Man killed over tussle for karaoke microphone

SANDAKAN: A 23-year-old man who hogged the microphone at a karaoke outlet here was stabbed to death by irked fellow customers.

Abdul Sani Doli was stabbed by customers of a coffeeshop cum karaoke outlet at Lebuh Tiga here late Wednesday after a fight broke out with other customers following his refusal to give up the microphone as he continued to sing.

Abdul Sani and his assailants had argued over the microphone before it turned into an exchange of blows that spilled over into the street where the three assailants stabbed him.

Abdul Sani staggered a short distance before collapsing on the walkway in front of a machinery shop and died at about 11.55pm on Wednesday.

Sandakan district police chief Asst Comm Rosli Mohd Isa said police have classified the case as murder and two people have been detained to assist in the investigations.

Abdul Sani is believed to have suffered chest wounds. His body was sent to the Duchess of Kent Hospital for a post mortem.

Source: The Star Online

‘Bonnie and Clyde’ couple nabbed while watching porn

JOHOR BARU: A married couple believed responsible for multiple robberies were caught off-guard -- and redfaced -- when police raided their home while they were enjoying a pornographic movie on DVD.

The 23-year-old man and his 30-year-old wife were enjoying their porn and getting “frisky” when police raided their home in Skudai at 2.50am last Thursday.

Police seized several items including 18 pornographic DVDs and weapons they are believed to have used in their robberies.

Johor police chief Deputy Comm Datuk Mohd Mokhtar Mohd Shariff said that the couple are believed to have robbed houses in Nusajaya and Skudai on Sept 9 and Oct 30 respectively.

“We believe the suspects are responsible for multiple robberies in Skudai and Nusajaya.

“We are checking whether they have past criminal records,” he told a press conference at the state police headquarters here on Tuesday.

Last week, a different married criminal couple were killed in a shootout with police in Petaling Jaya.

Source: The Star Online

Syabu lab near police station busted

RAWANG: Police have busted a drug syndicate with a laboratory located some 600m from the Batang Kali police station.

The laboratory is the largest uncovered in Selangor so far this year.

Police arrested three suspected drug traffickers, aged between 45 and 54, and seized the synthetic drug syabu with a street value of more than RM1.1mil.

The suspects were in the midst of processing the drugs when police raided a single-storey house at a housing estate in Kampung Baru Cina at about 7pm on Monday.

Police staked out the house for two days before storming the property.

Among the items found were 1kg of partially-processed syabu. Chemicals and precursors found included four barrels of an unknown liquid, chloroform and acid. Two cars were also seized.

State Narcotics Crime Investigations Department chief Asst Comm Nordin Kadir said the syndicate had enough materials to produce 5kg of syabu.

He said police were unsure how long the group had been active but believed it had constantly been on the move to avoid detection.

The suspects have been remanded for three days under the Dangerous Drugs Act.

Source: The Star Online

Singapore armpit-sniffer gets caning, 14 years jail

A MOLESTER with a fixation for smelling women's armpits was sentenced to 14 years in jail and ordered caned 18 times, Singapore news reports.

Mohammed Ismail Ariffin, 36, was convicted of molesting 23 females from girls as young as 9 to women in their 50s, The Straits Times said.

Community Court Judge James Leong imposed a preventive detention sentence, a jail term for hardcore prisoners with no chance of parole.

Mohammed Ismail stalked his victims and followed them into lifts, staircase landings or their homes. In some cases, he restrained them.

Apart from sniffing his victims' armpits, Mohammed Ismail also was guilty of fondling a 13-year-old and exposing himself to a 53-year- old cleaner, the court found.

Following a report from a housewife that a man had smelled her armpit on January 3, the police took a semen swab at the scene which led them to Mohammed Ismail.

A detention report submitted to the court today said the man's crime pattern put him in a group with more than a 62-per-cent chance of committing crimes again within two years of release from prison.

Pleading for leniency, lawyer Noor Mohamed Marican urged the judge to send Mohammed Ismail for a rehabilitative program and medical treatment instead of imposing a long sentence.

"The facts of the case speak for themselves," Leong was quoted as saying.

The judge said he found "precious little" in Mohammed Ismail's favour, except that he pleaded guilty.

He had previous convictions since 1991 for drug and sex-related offences.

Source: www.news.com.au

Raja Petra Kamaruddin Statutory Declaration: Cops investigating Raja Petra’s allegations

KUALA LUMPUR: The police will be calling up Malaysia Today editor Raja Petra Kamaruddin to investigate his allegations in a recent statutory declaration, which touched on purported facts related to the ongoing Altantuya Shaariibuu trial.

Inspector-General of Police Tan Sri Musa Hassan said the three individuals named in the document filed at the High Court here on June 18 would also be called up.

Raja Petra had claimed that these individuals, one a prominent VIP, were present when Altantuya was killed on Oct 19, 2006.

Copies of the statutory declaration, filed on June 18, have been posted online by bloggers.

In his two-paged statutory declaration, Raja Petra said he had been “reliably informed” of the presence of these individuals at the murder.

Musa said that the matter could be subjudice as the Altantuya murder trial was on going.

Accused of the murder are C/Insp Azilah Hadri and Kpl Sirul Azhar Umar of the Unit Tindakan Khas (Special Action Unit). Accused of abetting them is political analyst Abdul Razak Baginda.

Musa said the allegations made by Raja Petra were “highly defamatory” and if found to be untrue, those making the allegations would have to face the consequences.

Meanwhile, the Attorney-General’s Chambers has filed a police report against Raja Petra over the statutory declaration.

Attorney-General Tan Sri Abdul Gani Patil said, “We want to investigate it as we want the truth. As far as I am concerned, we have to look it seriously.”

“If it’s true, we will act accordingly. If not, the writer will be investigated,’’ he said, adding that the report was lodged in Putrajaya on Saturday.

Source: The Star Online

A Copy of > Raja Petra Kamaruddin's Statutory Declaration < provided by MalaysiaKini.

Rapist dad: I used condoms

PUTRAJAYA: He used a condom every time he raped his daughter.

For that precaution, the rapist said he should get a lighter sentence.

This mitigation riled Court of Appeal judges Tengku Baharudin Shah Tengku Mahmud, Datuk Sulong Matjeraie, Datuk Ahmad Maarop and those in the court gallery.

His counsel S.I. Rajah mitigated that the sentence imposed on the accused was excessive.

"Justice should be tempered with mercy.
"The accused used a condom every time he committed the offence," the lawyer said.

"You mean it is okay to rape using a condom?" asked Tengku Baharudin.

Rajah had no reply.

The roti canai seller, now 49, appealed against sentence because he was a first offender and was remorseful for his action.

Four years ago, the Sessions Court in Petaling Jaya sentenced the accused to a total of 36 years in jail and 20 strokes of the rotan on four counts of rape.

Sulong, who delivered the court ruling, said the appellate court found no reason to disturb the sentence of the Sessions Court.

He said the sentence was appropriate to send a strong message that such an act should not be condoned and to protect society.

According to the facts of the case, the roti canai seller raped the girl between May 2003 and August 2004.

The offences took place at their home at night when the mother had gone to work.

The victim was then between 11 and 12 years old.

Deputy public prosecutor Aslina Joned told the court that the accused, a father of five, had betrayed the trust of his daughter.

Aslina said the father would give the victim RM5 as a reward every time he raped her.

A class teacher noticed her to be in a state of depression and the girl told her what had happened.

Police arrested the man on Aug 12, 2004, and he pleaded guilty to the charges in the Sessions Court a week later.

On the first three counts, the then Sessions Court judge Nurmala Salim sentenced him to 18 years' jail and five strokes of the rotan for each offence. The sentences to run concurrently.

He was sentenced to a further 18 years' jail and five strokes of the rotan for the fourth count.

Nurmala ordered this sentence to run consecutively.

Source: The New Straits Times

'Dr M threatened judges...' Judge's stunning allegation in court

SIBU: A High Court judge here has alleged that Tun Dr Mahathir Mohamad threatened to punish the judiciary in 1997 for decisions he disliked.

Justice Datuk Ian Chin, 60, is the most senior of the 48 High Court judges in the country.

He made the stunning allegation at the start of proceedings on Monday when hearing an election petition filed by Wong Hus She, the defeated DAP candidate for the Sarikei parliamentary seat, the Borneo Post reported.

Anticipating a motion for his recusal, Chin took the "step to disclose what the parties and counsel may not be aware of but which they may later complain that I should have disclosed".

Wong lost the Sarikei seat to Barisan Nasional's Ding Kuong Hing by 51 votes.
Both sides did not object to Chin as the presiding judge, the Borneo Post reported.

He referred to two cases he had presided over in February 1997 - a libel suit and an election petition - the decisions with which the then prime minister was apparently displeased, he said.

He said Dr Mahathir had gone to the judges' conference about a month later "to issue a thinly veiled threat to remove judges by referring to the tribunal that was set up before".

From May 26 until 30, he was "packed off to boot camp" for lessons on taking the government line in judicial decisions.

Last month, the Royal Commission of Inquiry into the Lingam video clip castigated Dr Mahathir for going against the Constitution in appointing judges and called for an investigation into Dr Mahathir.

According to the notes of proceedings made available to the New Straits Times, Chin said in the libel suit: "I distinguished M.G.G. Pillai v Tan Sri Datuk Vincent Tan Chee Yioun & Other Appeals (1995) 2 MLJ 493 and refused to give what I consider to be an astronomical award for damage to reputation in libel cases".

In the election petition, he had set aside the victory of BN's Mong Dagang in the 1996 state polls in the Bukit Begunan seat.

Chin said Dr Mahathir had "expressed unhappiness" over the decision.

"After he was done with issuing that threat, he then proceeded to express his view that people should pay heavily for libel.

"He managed to get a single response from a Court of Appeal judge who asked whether he would be happy with a sum of RM1 million as damages for libel.

"He approved of it and he later on made known his satisfaction by promoting this judge (since deceased) to the Federal Court over many others who were senior to him when a vacancy arose."

Chin said he was "devastated" by what went on but was consoled by fellow judges who remarked "the prime minister was too much".

"It will be recalled that the prime minister not long after he assumed office had said, in a much publicised campaign against corruption, that he will put the fear of God in man but this apparently, given his diatribe in that conference, changed to instilling a fear of him if any judgment is to his dislike."

He said the "boot camp" he attended with selected judges and judicial officers was "an attempt to indoctrinate those attending to hold the view that the government's interest" was "more important than all else when we are considering our judgments".

"Stating this devilish notion was no less a person than the president of the Court of Appeal," he said.

"The perversion of justice did not stop there. My brother judge (Datuk Muhammad) Kamil Awang was one morning looking for me after clocking in. We were both then serving in Kuching.

"When I met him in his chambers, he was distraught and he told me about receiving a telephone call the night before from the chief justice asking him to dismiss the election petition that he was going to hear in Kota Kinabalu.

"He sought my opinion as to what to do about the telephone call.

"We went into the possibility of making a police report or of writing to the chief justice a letter to record what he had said over the telephone but in the end, he decided against it since it would be his word against that of the chief justice," Chin said.

"I was happy to learn later on that he did not bow to the pressure by the chief justice and went on to hear the petition and thereafter, making a decision based on the law and evidence."

Chin also declared that he had twice stood unsuccessfully for election as a BN candidate in the 1980s, in one of which he lost to the DAP. He had also heard other election petitions.

"Now, though no longer the prime minister and so no longer able to carry out his threat to remove judges which should, therefore, dispel any fear which any judge may have of him, if ever there was such fear, nevertheless the coalition party that he led is still around and the second respondent won on a ticket of that coalition party and it may cross someone's mind that I may have an axe to grind against the party concerned or any member thereof.

"The petitioner in this case may also have a similar view with regard to my defeat by a candidate standing on the ticket of the party to which he belongs.

"So I wish to hear from the parties as to whether they entertain any such notion and whether they wish to apply for my recusal so that, if any, I can make a decision thereon.

"After this disclosure, litigants who were affected by the hundreds of judgments that I handed down since those infamous days may justifiably worry as to whether any of my judgments were in any way influenced by this attempt to hang the Sword of Damocles over my head.

"No amount of words from me would assuage you of your worry; you will have to read my judgments as to whether they are according to the evidence and the law or whether they were influenced by threat."

Chin then adjourned for half an hour to let the parties consider an application for his recusal.

None, however, was made.

Datuk Ian Chin was appointed judicial commissioner on Feb 26, 1992 and since then has served in the High Court in Sabah and Sarawak. He is, at present, a resident judge at the High Court in Kota Kinabalu.

Source: The New Straits Times


Tun Mahathir's Response from his blog Chedet.com

"Dr M threatened judges

Both the New Straits Times and the Star today chose to splash Justice Dato Ian Chin’s “stunning” claims of my alleged interference in the judiciary, providing brief respite from the current issues of oil price hike etc etc

I will refrain from commenting for now and will do so in due time.

However, I am quite curious about what Ian Chin considers as “veiled threat”. Perhaps he could be more specific as his allegations are very serious."

Robin Hood : Bank executive's jet-setting lifestyle comes to an end

SHAH ALAM: Bank executive Mohd Faizal Hussin lived it high, with fancy cars and vacations to exotic destinations.

He bought shares, a Proton Perdana V6 and went on holidays to Amsterdam, London, Sydney and Melbourne.

Nothing wrong if it were his own money.

But he siphoned a whopping RM1.4 million from the account of American citizen Syed Vickar Ahamed, 67, a professor at a university in New York.

The professor travelled to Malaysia often and provided IT consultant work for companies here. From his projects, he saved up a large amount of money and kept his savings in Maybank.
Mohd Faizal's jet-setting lifestyle came to light when Syed Vickar called the bank one day and inquired about his account balance and found it was less than what it should be.

Mohd Faizal, 35, who was entrusted with handling large amounts of money including Syed Vickar's account, was yesterday sentenced to jail for 31 years and three months on 202 charges of criminal breach of trust, forgery and money laundering.

He was arrested by investigating officer ASP Foo Wei Min on June 29, 2004.

Mohd Faizal was found guilty by Sessions Court judge Datin Zabariah Mohd Yusof on all charges -- 100 counts of forgery, 99 counts under the Anti-Money Laundering Act, and another three of criminal breach of trust.

He committed the offences at the Sri Gombak Maybank branch, 11-13, Jalan SG 3/4 Taman Sri Gombak here, between Dec 24, 2002 and Sept 17, 2003.

Zabariah also fined him RM939,255.21, the amount which he had already used.

If he fails to pay the fine, he has to serve another 15 months in prison.

"You have breached the trust given to you to handle customers' money. The victim in this case is a foreigner and a premier account holder," she told the accused when sentencing him.

"What you have done has affected the country's economy and I find no reason why a light sentence should be given to you."

She said it was an offence to use other people's money for his own enjoyment.

"Every penny made should be 'halal' and from your own effort," she added.

In pressing for a deterrent sentence, deputy public prosecutor Awang Armadajaya Awang Mahmud said the amount involved in this case was more than RM1 million.

"He had breached the trust given by customers and this trust cannot be quantified.

"This will also leave a negative impact in financial institutions."

He said Mohd Faizal's actions had also affected the confidence placed by local and international investors.

Awang Armadajaya urged for the sentences to run consecutively, as each charge was of a different transaction.

Meanwhile, DPP Muhammad Saifuddin Hashim Musaimi said money laundering offences were becoming global.

"The accused used money obtained from illegal means to support his lifestyle.

"Each money laundering case is closely watched internationally and would also be reported in journals so that the effectiveness of the act can be monitored."

Muhammad Saifuddin urged the court to impose a fine amounting to RM939,255.21, which Mohd Faizal had used, and for the court to seize the Proton Perdana V6 which the accused had purchased.

In mitigation, Mohd Faizal's counsel Zainal Ithnin pleaded for leniency as the accused had surrendered to the Da-mansara Utama police station and had given his full cooperation during investigation.

"He has repented and learnt his lesson not to commit such offence again," he said.

Source: The New Straits Times

Correct. it's Fairuz: Panel finds Lingam video clip authentic

KUALA LUMPUR: The Royal Commission of Inquiry into the Lingam video clip has found that it was former Chief Justice Tun Ahmad Fairuz Sheikh Abdul Halim who was talking to prominent lawyer Datuk V.K. Lingam on the telephone.

Sources said the five-man panel also found that the video clip was authentic and that the conversation was true in substance.

They said the commission also found that it was lawyer Loh Mui Fah who Lingam was speaking to after his telephone conversation with Fairuz.

Commission chairman Tan Sri Haidar Mohamed Noor presented a two-volume report on the findings to the Yang di-Pertuan Agong Tuanku Mizan Zainal Abidin at the Istana Negara here yesterday.

The commission commenced its enquiry on Jan 14.

The sources said the commission also found that there was sufficient evidence of misbehaviour by certain persons mentioned or identified in the clip.

They said the commission found sufficient reason for the relevant authorities to take appropriate action against those implicated for breaches of the Sedition Act, the Penal Code, the Official Secrets Act, the Legal Profession Act and other laws.

They added that the commission was recommending the Government set up a Judicial Appointments Commission and to undertake other necessary reforms.

Sources also said the commission stated that its report was not meant as an indictment against all judges.

Former Chief Judge of Malaya Tan Sri Haidar Mohamed Noor, who chaired the commission, said yesterday that the King was happy that the enquiry had been completed.

The other four members of the commission were former Chief Judge of Sabah and Sarawak Tan Sri Steve Shim Lip Kiong, former Court of Appeal Judge and former Suhakam commissioner Datuk Mahadev Shankar, former Solicitor-General Puan Sri Zaitun Zawiyah Puteh and Professor Emeritus Datuk Dr Khoo Kay Kim.

The video clip showing the apparent brokering of judicial appointments and promotions first came to light on Sept 19 last year when PKR de facto leader Datuk Seri Anwar Ibrahim released it at a press conference.

Anwar later released two more segments that showed Lingam telling Loh that he had been talking to Fairuz.

On Sept 25, Deputy Prime Minister Datuk Seri Najib Tun Razak announced that an independent inquiry committee would investigate the authenticity of the video clip purportedly made in 2001.

The committee completed its report on Nov 6. It was studied by the Cabinet but never made public.

Based on the recommendations of the committee, Prime Minister Datuk Seri Abdullah Ahmad Badawi announced the setting up of the commission on Dec 12.

At the conclusion of the enquiry on Feb 15, the commission had heard testimony from 21 witnesses and received more than 100 exhibits and over 15 statutory declarations.

Among the prominent witnesses were former prime minister Tun Dr Mahathir Mohamad, former minister in the Prime Minister’s Department Datuk Seri Tengku Adnan Tengku Mansor, tycoon Tan Sri Vincent Tan and retired chief justices Tun Mohamed Eusoff Chin and Tun Mohamed Dzaiddin Abdullah.

The commission had first fixed March 11 to submit the report to the King but sought two one-month extensions later.

Source: The Star Online

'ACA officer gave me RM3,000'

KUALA LUMPUR: G. Jayanti also testified on the documents she handed over to Shafee.

"During the course of my employment at V.K. Lingam & Co, I took possession of a group photograph of Vincent Tan and his wife, (former attorney-general) Datuk Mohtar Abdullah and his wife and Lingam and his wife.

"I also took possession of a photocopy of a Bank of Nova Scotia cheque for payment to Holiday Tours. These documents were given to Shafee to keep," she said.

Shafee asked whether Lingam had a direct communication line to Tan.

"Yes, there is a direct intercom from his room to Tan," replied Jayanti.
Further evidence on the ACA also came to light when she answered questions by her second counsel R.S.N. Rayes.

When Rayes asked Jayanti how many times she had given statements to the ACA, she said she had done so on three occasions in April 1998.

Rayes: Was this in respect of V.K. Lingam's alleged close relationship with judges?

Jayanti: Yes.

Rayes: After they concluded their investigations, did they tell you anything?

The courtroom was silent when Jayanti replied: "They told me about three months later that the file had to be closed because it involved high-ranking officers in the government. They then gave me RM3,000 cash."

Commission chairman Tan Sri Haidar Mohamed Noor interjected: "You took the money?" "Yes, I took it," replied Jayanti.

Rayes asked whether she knew the name of the ACA officer who had spoken to her.

"It was a Chinese gentleman, I don't remember his full name but it was Wong."

"Was his name perhaps Wong Chee Kong?" asked Rayes.

"Yes," replied Jayanti.

Rayes: The RM3,000 that was given to you, was it a reward or was it to quieten you?

Jayanti: Nothing was mentioned. It was just given to me.

Source: The New Straits Times

Lingam clip is true, says man

KUALA LUMPUR: A businessman said yesterday that the Lingam video clip was taken by his son.

Loh Mui Fah claimed the incident took place at Datuk V.K. Lingam's house in Kelana Jaya in late December 2001.

He had gone to Lingam's house with his son to obtain legal advice on family and business matters.

Loh, 57, claimed that whatever was said in the video clip was true. However, he claimed neither he nor his son knew how the video clip was made public.

The video clip allegedly shows lawyer Lingam brokering judicial appointments with a senior judge.
Loh said he would be at the Jalan Duta Court complex tomorrow to testify before the Royal Commission of Inquiry, which was established to investigate the authenticity of the Lingam video clip and the truth of the allegations. The commission begins its sitting tomorrow.

When contacted, Lingam declined to comment on Loh's claims. However, he said that he would give evidence before the commission.

In an interview at his lawyer Americk Singh Sidhu's house last night, Loh said: "I was not aware then that my son was recording Lingam's telephone conversation. My son, who is now overseas, confirmed that he was responsible."

Saying his son was an avid photographer, Loh claimed that his son had earlier taken photographs of the lawyer's house and a discussion between Lingam and his sister, also a lawyer, on a legal matter when they were in the house.

However, he said, it was a mystery how the clip was made public. He said: " My son claimed that it was stored in a computer and wondered how it went to a third party."

He said he only knew of the existence of the video clip after it was talked about.

Loh said he and his son were prepared to testify before the Royal Commission of Inquiry.

"I will be at the Jalan Duta Court complex to testify before the panel. My son is also prepared to do the same."

Loh, who has business interests here and overseas, said he had no interest in the telephone conversation Lingam had with the unidentified person.

"The conversation started after he (Lingam) received a call. Whatever that was spoken and now widely publicised is true," he claimed.

Loh said it was also true that he posed several questions to Lingam after the conversation ended, which included who he was talking to.

"He told me it was the Chief Judge of Malaya," he added.

Loh claimed that since then, unknown individuals had been trailing him and his office had been broken into on several occasions.

Americk Singh said the evidence of his client and the client's son was important as it was covered by the terms and reference of the commission.

"We feel they can go straight to the commission and assist in the inquiry. They need not give any statement to the ACA first."

Last December, the government announced the setting up of the commission headed by former Chief Judge of Malaya Tan Sri Haidar Mohamed Nor.

The commission members are Tan Sri Amar Steve Shim Lip Kiong, Datuk Mahadev Shankar, Puan Sri Zaitun Zawiyah Puteh and Professor Emeritus Datuk Dr Khoo Kay Kim.

The terms of reference of the commission are:

- to ascertain the authenticity of the video clip;

- to identify the speaker, the person he was speaking to in the video clip and the persons mentioned in the conversation;

- to ascertain the truth or otherwise of the content of the conversation in the video clip;

- to determine whether any act of misbehaviour had been committed by the person or persons identified or mentioned in the video clip; and,

- to recommend any appropriate course of action to be taken against the person or persons identified or mentioned in the video clip should such person or persons be found to have committed any misbehaviour.

Sixteen witnesses have been subpoenaed to testify before the commission.

Source: The New Straits Times

4 held over education officer’s murder

COULD he have died over a mere RM100? This is the latest twist in the murder case of Education Ministry assistant director Rashid Sait, who was found stabbed in his home on Aug 14.

Police believe that the amount could have been the source of a misunderstanding between Rashid and the murder suspect.

It is learnt that the suspect, a man in his 20s, fi rst met Rashid in Bandar Sri Permaisuri several months ago. They have been in contact since then and the suspect is believed to have borrowed money from the victim.

The source claimed that on Aug 11, the suspect was believed to have gone to the victim’s unit at Desa Tun Razak Apartment in Cheras.

Rashid is believed to have picked up the suspect at the Bandar Tasik Selatan LRT station after getting a phone call from the latter. En route to the house, they stopped at a fast-food outlet.

It is learnt that at the house, Rashid had asked for his RM100.

The conversation, however, turned into a heated argument.

Since then, the suspect, an employee with an event management company, had gone into hiding in Malacca.

However, following a tip-off, police arrested him and his three friends, all in their 20s, at a bus stop in Masjid Tanah on Tuesday at 3pm.

Cheras police chief Assistant Commissioner Rusli Ahmad (picture) said the four, two of whom are women, were in the victim’s car.

“The Hyundai Atos bore a false number plate. There were several items found with the suspects which were linked to the case,” Rusli told a Press conference yesterday.

None of the four, he said, had a criminal record.

“They are from Malacca but work as odd-job workers in Kuala Lumpur,” he said.

Rusli said although there was no sign of forced entry at the victim’s house, police believe robbery could have been the motive behind the murder.

“There were signs of a fi ght.

“We believe the case has been solved. We are wrapping up the loose ends in the probe before we submit the investigation paper to the deputy public prosecutor’s offi ce,” he said.

Rusli also ruled out the theory that the main suspect was the victim’s mysterious house mate, as claimed by a neighbour.

“He (the suspect) was also not the man who owns a cleaning service company that serviced the deceased’s offi ce in Bukit Kiara.

“They were just helping us with the investigation,” he said.

The four are being remanded until next Wednesday.

Rashid, 37, an Education Technology Division resource management assistant director, was found dead with stab wounds by his colleague at 1.05pm last Tuesday.

The colleague had gone to check on the bachelor at the apartment after he did not turn up for work on Monday.

Police found an eight-inch long knife in the living room, believed to be the murder weapon. There were traces of blood on it.

They also found paper cups and a fast-food box in the house, suggesting that the victim had received guests. The apartment was not ransacked.

A post-mortem revealed that the victim was stabbed four times — on the left and middle sections of his abdomen, as well as on his left arm. His left hand was also slashed.

There were no defensive wounds on the body.

Source: The Malay Mail


Update 1:

Gay lover held over man’s murder

KUALA LUMPUR: The government officer found dead in his apartment in Cheras last week was believed to have been murdered over a RM100 debt.

The suspect, who was arrested yesterday, is also believed to be the victim, Rashid Sait’s gay lover.

Rashid, 37, the assistant director of the technology division of the Kuala Lumpur Education Department, is believed to have met the suspect at an infamous gay haunt in Cheras a few months ago.

They saw each other on several occasions including on Aug 11, when Rashid was last seen alive.

That was also the day when the two bought a meal from a fast-food outlet on the south-bound R&R restaurant near the Sungai Besi toll plaza before proceeding to the victim’s unit at the Desa Tun Razak apartments here.
Rashid was found dead with stab wounds on his chest three days later by two of his colleagues who went to check on him after he failed to turn up for work.

Yesterday, Cheras police chief ACP Rusli Ahmad said they had arrested a man believed to be the main suspect in the murder. Also arrested was his girlfriend and another couple. All four were driving Rashid’s Hyundai Atos car which was fitted with false number plates.

The suspects were detained at a bus stop in Masjid Tanah, Malacca about 3pm on Tuesday. Rusli said all four suspects are from the same village in Malacca.

Police also found some of Rashid’s personal belongings on the suspects.

"The main suspect is a part-time worker in the entertainment industry," Rusli said.

Rusli also confirmed that the man, said to be in his 20s, had known Rashid and that they had gotten into a fight over some money which was owed to the victim. All four suspects have been remanded for eight days to facilitate investigations.

"We believe the case is now solved," Rusli said.

Police had all along believed that Rashid was murdered by someone whom he knew as there was no sign of a break-in at his apartment unit.

There were also signs that victim had shared a meal with the assailant or assailants.

Rashid’s apartment was not ransacked. His wallet was left intact but his car was missing.

Police also found several long-haired wigs, blouses and bras in the apartment, leading police to believe that the victim was a cross-dresser.

A knife, which was believed to be the murder weapon, was also found in the unit.

Source: The New Straits Times

Man shoplifts believing supermarket belongs to him

FM: Tips for those wannabe thieves. If you're caught stealing, just say that you own the supermarket. Check out the story below:

PENANG: He was charged in a magistrate’s court with shoplifting two bottles of gin worth RM91.98 from a supermarket but the 53-year-old man was under the delusion that the supermarket belonged to him.

“I didn’t steal. I heard voices telling me to go and take the bottles. The supermarket is mine, how can that be considered stealing?” claimed Teoh Cheng Peng.

He said this when he was called up Tuesday at a magistrate’s court after a psychiatric report on him was tendered.

Teoh, however, insisted that he wished to plead guilty to the charge of stealing two bottles of Rose Mary Churchill Dry Gin from the Giant supermarket in Penang Plaza, Burmah Road, at 12.35pm on July 2.

This prompted the court to explain to him that his psychiatric report had established he was of unsound mind and unaware of his offence and that he would be sent to stay at the psychiatric hospital.

Teoh was charged on July 3 and court had referred him for psychiatric evaluation.

Teoh also claimed that the “people at Tanjung Rambutan” had beaten him up, to which the court told him that he had the right to lodge a police report.

Prosecuting officer Asst Supt L. Chandkumary informed the court that Teoh had two previous convictions in 1992 and 2006 for shoplifting.

Teoh asked for leniency and to be released soon. He also asked the court to help him contact the State Welfare Department so that the welfare officer who handled his case could bail him out.

“Someone is trying to kill me and has poisoned the water in my tap. I have not gone back to my flat for two months, and the government will take it away from me if I don’t return soon,” he said, adding that his family had rejected him.

Magistrate Ooi Sheow Yean told him the court had no choice but to acquit him and send him to Hospital Bahagia pending an order from the Yang di-Pertua Negri, as provided for under Section 348(1) of the Criminal Procedure Code.

Source: The Star Online

FM: Yeah..righttttt. How convenient!

One day in Malaysian Court: Don't ask question if you don want to hear the answer...

Why Lawyers should never ask a witness a question if they aren't
prepared for the worst answer. ...........
In a trial, a prosecuting attorney called his first witness to the stand. The witness was a grand motherly, elderly woman.

He approached her and asked, "Puan Rozana, do you know me?" She responded, "Why, yes I do know you, Encik Razak. I've known you since you were a young boy, and frankly, you've been a big disappointment to me. You lie, you cheat on your wife, you manipulate people and talk about them behind their backs. You think you're a big shot when you haven't the brains to realize you never will amount to anything more than a two-bit paper pusher. Yes, I know you."

The Lawyer was stunned.

Not knowing what else to do, he pointed across the room and asked,
"Puan Rozana, do you know the defense attorney?"

She again replied, "Why yes, I do. I've known Encik Samy since he was a youngster too. He's lazy, bigoted and he has a drinking problem.

He can't build a normal relationship with anyone and his law practice is one of the worst in the entire state. Not to mention he cheated on his wife with three different women, one of them was your wife. Yes, I know him."

The defense attorney almost died.

The judge asked both counsellors to approach the bench and in a very quiet voice, said, "If either of you bastards asks her if she knows me, I'll throw you in jail for contempt."

Divorcee hired two men to chop off her lover's leg, now all three get 7 years, victim’s mum appalled

KUALA LUMPUR: S. Manivanan’s death four years ago was described by the High Court yesterday as "very violent and unjustified".

With this remark, Judicial Commissioner Lim Yee Lan sentenced three persons involved in the killing to seven years’ jail.

But the victim’s mother S.M. Patmavathy, 51, was clearly dissatisfied. After court adjourned she approached the families of the accused and choking with emotion asked them several times: "Is this justice?"

The family members had nothing to say.

Divorcee Rabiah Basry Sultan, 35, who has a 9-year-old daughter, was living with Manivanan when the incident happened four years ago.
When Rabiah found out that Manivanan was engaged to another, she decided "to teach him a lesson".

She hired M. Jinaraj, 26, and I. Jay Kumar, 23, to chop off Manivanan’s legs, but the injuries led to his death.

Jinaraj and Jay Kumar pleaded guilty to a reduced charge of culpable homicide not amounting to murder.

Jinaraj, a storekeeper and Jay Kumar, who is unemployed, were charged with committing the offence on July 5, 2003 and Rabiah was charged with abetment.

Lim told a packed courtroom she agreed with DPP Yusaini Amer Abdul Karim that public interest should be given importance.

"The court takes into consideration the severity of the crime committed by Jinaraj and Jay Kumar, as they were armed with a parang and a piece of wood respectively, and they acted on Rabiah’s instructions," she said.

"As a result of the assault, there were multiple slash wounds on the victim’s head, and his right leg was almost severed at the knee, while there were multiple slash wounds to his left leg and heel."

Describing the incident as "very violent and unjustified", Lim said all three accused were initially charged with murder and they should consider themselves lucky that it was amended.

"If the matter had gone through a full trial, the court would not hesitate to give the maximum sentence allowed under this section, which is 10 years’ jail or fine or both."

Lim said the court could not accept submission by counsel Karpal Singh, representing Rabiah, that she should be given a short jail term.

She said as the crime was serious, she had to consider public interest and the sentence should be a deterrent.

She ordered the sentence to run from the date of arrest.

As the sentence was pronounced, Rabiah who was wearing a light blue baju kurung and tudung, turned behind and was seen smiling at her family members.

Jinaraj’s counsel, Mohd Azarol Razak, counsel S. Saravanan for Jay Kumar and Karpal said they were unlikely to appeal the ruling.

When asked by reporters, Patmavathy said she did not want to see the accused go to the gallows.

"Nobody wants to see more loss of life.

"However, the court should consider I lost my eldest son. My son had a Master’s in electrical engineering.

"Manivanan and Rabiah were childhood friends. We even treated her as family and this is what she did."

Patmavathy said she was told the sentence could be up to 10 years but the accused had got only seven years.

"I was hoping they would get the maximum," she said.

Rabiah’s father, who declined to be identified, said he accepted his daughter’s jail term as fate.


Source: The New Straits Time

Magistrate,lawyer see red over necktie

JOHOR BARU: A lawyer here saw red when a magistrate ordered him to remove his red necktie last month because she did not like the colour.

He has filed a complaint with the Senior Sessions Court Judge of Johor Baru.

According to a copy of the complaint which was obtained by the New Straits Times, the lawyer, who refused to be identified or interviewed, had appeared in the magistrate’s court at 9am for a criminal case.

Midway through the proceedings, the case was postponed and the magistrate retired to her chambers.
At this point, the interpreter instructed the lawyer to remove his red necktie as the magistrate did not like red ties.

When the lawyer refused to do so, he was called into the magistrate’s chambers. The magistrate repeated her instruction to the lawyer and said that she did not mind any other tie except those that were red.

The lawyer replied that he would would not wear a red tie the next time he appeared in her court.

According to the letter of complaint, the magistrate was still not satisfied and said:

"It is my instruction to you now to change your tie, if not you can't appear in front of me in open court later".

The magistrate also told him to borrow a tie. When the lawyer refused, the magistrate repeated the order and gave him until 2.30pm to comply.

She also warned the lawyer that the case would proceed without him if he refused to comply.

Source: The New Straits Time