Published on: Friday, October 07, 2005 |
Kota Kinabalu: A 27-year-old married lorry driver who raped a 12-year-old was jailed 12 years and ordered to be given six strokes of the cane Thursday.
Sessions Court Judge Ravinthran Paramaguru meted out the sentence on Ali Aras, a Bajau Filipino to run from the date of his arrest on Sept 28, 2004 after he changed his plea to guilty.
He had initially claimed trial on March 3 this year to committing the offence at the Pilipikan Plantation workers' quarters in Kota Marudu about noon on Aug 28, 2004.
According to the facts presented by prosecuting officer ASP Mohd Asmadi Yusoff, Ali entered the girl's room while she was alone and forced a towel to her mouth to stifle her cries.
The victim later reported the incident to her aunt who helped her lodge a police report.
Meanwhile, Justice Datuk Sulong Matjeraie granted the Public Prosecutor's application to withdraw an appeal against the acquittal of a contractor of a charge of criminal intimidation.
Ivan Tsang Chee Vui was discharged and acquitted by the Magistrate's Court on Aug 17, 2004 which ruled that the prosecution failed to establish a prima facie case against him.
Subsequently, he filed a suit against the Malaysian government and five others for malicious prosecution.
He named the Federal Attorney-General, Inspector-General of Police and the KK City Police Chief as second, third and fourth defendant, and Sergeant Rozaimy Amir and Insp Abang Faisal Yaman as the fifth and sixth defendant respectively.
Seeking costs and relief including for special damages of RM5,000 and consequential economic loss of RM4.49 million, he claimed that the 5th and 6th defendant had brought him into disrepute by "maliciously and without reasonable and probable cause", alleged to the Magistrate's Court on June 24, 2003 that he had criminally intimidated the former, and for which he was subsequently charged under Section 506 of the Penal Code on June 10, 2004.
The plaintiff, represented by counsel Zahir Shah claimed his business as a contractor for numerous government projects was adversely affected as a consequence of the criminal case against him.
