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Duo claim driven by Satan
Published on: Friday, April 25, 2008
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Kota Kinabalu: The Sessions Court here on Thursday heard how two local men had kidnapped a 22-year-old Universiti Malaysia Sabah (UMS) student in a stolen car, then assaulted, sexually abused and raped her during a 10-hour ordeal which only ended after police came to her rescue last week.Mohd Ariffin Bidin, 29, and Mohd Sahrizal Suhaili, 21, who claimed they were driven by Satan to commit the heinous crimes, which sent shock waves across Sabah, felt the full brunt of the law by the time proceedings came to end at the courthouse.

Altogether Ariffin was handed a 59-year prison sentence along with 35 strokes of the cane, while Sahrizal was meted a total prison sentence of 48 years and 35 lashes of the cane.

Arifin, from Kampung Tarap, Bongawan, will however only serve 31 years behind bars and Sahrizal, of Kampung Pirasan, Kota Belud, 28 years as the court ordered the prison terms for some of the offences to run concurrently.

Ariffin, a mechanic, and Sahrizal, unemployed, pleaded guilty before Judge Duncan Sikodol to all the charges.

Senior Federal Counsel (SFC) Suhaimi Ibrahim appeared for the prosecution.

They were jailed five years and fined RM1,000 in default five months' jail each for jointly kidnapping the student at 6.50pm on April 15, this year at the Kingfisher Roundabout, Jalan Bangka-Bangka, Likas.

Both were also sentenced to five years' jail plus five strokes of the cane for voluntarily causing grievous hurt to the student.

They admitted committing the offence between 6.50pm and 5am on April 16, this year at the Kingfisher Roundabout and Kampung Rompon, Tambunan.

Sikodol ordered the sentences for kidnapping and causing grievous hurt to run concurrently.

Ariffin was handed 23 years and 10 strokes of the cane for raping the student between 6.50pm and 10pm on April 15, along Jalan Kota Kinabalu-Tambunan.

He was also given the same punishment for raping the student between 2am and 4am on April 16, also along Jalan Kota Kinabalu-Tambunan.

The sentences were, however, ordered to run concurrently but consecutively with the five years' jail for the kidnapping charge.

Sahrizal was sentenced to 20 years' jail plus 10 strokes of the cane for raping the student between 6.50pm and 10pm on April 15, along Jalan Kota Kinabalu and Jalan Tambunan.

He was also jailed 15 years plus five strokes of the cane for committing carnal intercourse against the order of nature to the student between 6pm and 10pm on April 15, also along Jalan Kota Kinabalu and Jalan Tambunan.

The sentences were ordered to run concurrently but consecutively with the five years' imprisonment for kidnapping the student.

Ariffin was also sentenced to 51 months' jail and fined RM15,000 in default 18 months' imprisonment when he pleaded guilty in the Magistrate's Court to stealing three cars.

Sahrizal, too, was jailed by the Magistrate's Court to a total of three years' jail and RM10,000 fine in default 14 months' jail for stealing two cars.

Both will serve the sentences imposed by the Magistrate's Court consecutively with those meted out by the Sessions Court.

In presenting the facts of the cases, SFC Suhaimi told the court that police investigations revealed both accused had planned to commit the crimes using the vehicle that they had stolen.

SFC Suhaimi said they approached the student from behind with Ariffin behind the wheel. Sahrizal dragged her into the car and they sped off towards the city centre.

He said the victim had tried and struggled to escape but was kicked, beaten, bitten and punched by Sahrizal.

Ariffin then drove towards Keningau and on the way tied the student's hands with masking tape and, at the same time, Sahrizal cut her clothes to strip her.

SFC Suhaimi said that while they were passing Gunung Emas (Mile 29, Jalan Kota Kinabalu-Tambunan), the student tried to escape by opening the door while Sahrizal was pulling down her jeans but he pulled her inside the car. He also kicked her abdomen and head.

During the struggle, the binding on the girl's hand broke but Sahrizal tied her hands again using her brassiere and panty before raping her.

According to SFC Suhaimi, it was the first rape incident. He said Sahrizal also forced the girl to perform oral sex and sexually abused her.

The SFC also told the court that Sahrizal and Ariffin then switched places in the car without stopping it.

He told the court that Ariffin then raped the student between 6.50pm and 10pm and repeated the act for the second time between 2am and 4am while they stopped at a place along the road.

Suhaimi said the student, who was in dire pain all over her body because of the rape and assault, pleaded to her captors to release her and send her to hospital but ignored by them.

She continued pleading to them until they were tracked down by Keningau police.

Suhaimi said Ariffin also had changed the car's registration number from SAA 4558 N to SAA 1558 N.

In mitigation, Hamid Ismail, who was the duty counsel for both accused, pleaded for an appropriate sentence for them saying their pleading guilty had saved the court time and expenses.

He said both accused also regretted their actions.

Sahrizal and Ariffin also pleaded for a lenient sentence.

When asked by the judge why they committed the offences, both said they were under the influence of alcohol and Syabu. Ariffin added that they were overcome by evil lusts.

Meanwhile, SFC Suhaimi urged the court to pass deterrent sentences to both accused.

"Can we bring back the good time of the victim, the glow and shine of the girl? She will forever have this trauma of having to go through hell. Who should be protected? The victim or the accused."

"The public interest demand them to be severely punished under the law.

Even the maximum sentence meted out cannot bring back the girl's virgin status," SFC Suhaimi said.

He said not only they hurt the girl but also the public with what they had done, adding the bite marks on the victim's face by the accused could be there for the rest of her life.

"At least this court knows how long the accused will be behind bars at least until her natural years. The victim in now 22 years old, a university student, she should have a bright future," said the SFC, in urging the court to impose severe punishments on the accused.

He proposed that both accused's jail sentences to be consecutive after the expiry of the jail sentence for car theft imposed on them earlier by the Magistrate's Court.

After the proceeding, Sahrizal and Ariffin were whisked to the Kepayan prison.

SFC Suhaimi was assisted by Deputy Public Prosecutor Raja Zaizul Raja Zaharudin and Assistant Public Prosecutors Hasmizulizam Hamidon and Effizah Ernie Idris.





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