theSun | FRIDAY JULY 24 2009
news without borders
Teen who killed
teacher’s daughter
to remain in jail
PUTRAJAYA: A teenager who
was convicted of killing his tui-
tion teacher’s daughter in 2002
will remain behind bars at the
pleasure of the King after ex-
hausting all avenues to declare
the punishment, provided in the
Child Act, unconstitutional.
The boy, now 20 years old,
had asked the Federal Court to
restore the Court of Appeal’s de-
cision which ordered his release
on July 25, 2007, after declaring
that Section 97 (2) of the Act,
which provides the power to
detain a minor convicted of
murder at the pleasure of the
Ruler, was unconstitutional.
The Federal Court yesterday
heard the boy’s application to
review its decision, delivered on
Oct 23, 2007, which overturned
the Court of Appeal’s order.
Chief Judge of Malaya Tan
Sri Arifin Zakaria and Federal
Court judges Datuk Seri S. Au-
gustine Paul and Datuk Wira
Mohd Ghazali Mohd Yusoff
unanimously ruled that this was
not a rare and exceptional case
which warranted the apex court
to invoke its inherent power to
review its previous ruling under
Rule 137 of the Rules of the Fed-
eral Court 1995.
Justice Arifin said the argu-
ments put forward by the boy’s
counsel, Karpal Singh, on the
doctrine of separation of powers
had already been raised and
considered by an earlier panel
of the Federal Court.
In 2003, the High Court or-
dered the boy to be detained at
the pleasure of the Yang di-Per-
briefs
Three freed on drug
trafficking charge
KUALA LUMPUR: Three men
escaped the gallows after the
High Court yesterday acquitted
them of trafficking in 2.8kg of
cannabis five years ago. Car
cleaner C. Anbuchelvan, 33,
restaurant assistant S. Sangker,
29, and air-condition technician
M. Alagendran, 25, walked out
free men after Judge Lim Yee
Lan was satisfied there was no
prima facie case against them
for trafficking drugs.
In his judgment, Lim said
there were doubts on the weight
of the drugs seized at the scene
as it was said to be 2,804gm
but the weight analysed by the
Chemistry Department was
2,813gm. The parcel of the drugs
seized is also not clearly marked,
she added.
Lim also questioned why
another suspect, who was at the
scene and had conversed with
the first and third accused, was
released.
Anbuchelvan, Sangker and
Alagendran pleaded not guilty
in the High Court on March 12,
2004 to trafficking 2,813gm of
5
tuan Agong after convicting him
of stabbing his tuition teacher’s
11-year-old daughter 24 times
at her house in Taman Sri Ram-
pai in Wangsa Maju between
3.30pm and 4.30pm on May 30
2002. He was 12 years old when
he committed the offence.
The case caused an uproar
in 2007 when the then Court of
Appeal judge, Datuk Gopal Sri
Ram (now Federal Court judge),
in a landmark decision, ruled
that section 92 (2) of the Child
Act was unconstitutional as it
gave the power to the executive
to sentence a child convicted of
murder.
He said that it went against
the doctrine of separation of
powers as enshrined in the
Federal Constitution.
Sri Ram had held that the
courts must have the exclusive
authority to find a person guilty
of murder and then impose a
penalty, and it could not merely
convict a person but leave the re-
sponsibility of sentencing to the
king, the rulers or governors.
Sri Ram upheld the convic-
tion, saying that there was
“abundant” evidence against
the boy but set him free after
holding that there was no law
that prescribed a sentence for a
child convicted of murder.
In his submission yesterday,
Karpal Singh said the Federal
Court ought to invoke its jurisdic-
tion to review the case because
there were differing opinions by
the government and the judici-
ary on the doctrine of separation
of powers. – Bernama
cannabis at Bandar Baru Sentul
at 9pm on March 2, 2004. – Ber-
nama AF8M34X
Memo on ISA
handed to palace
KUALA LUMPUR: The Move-
ment for the Abolition of the
ISA (GMI) yesterday submit-
ted to the Istana Negara a
memorandum calling for the
abolition of the Internal Secu-
rity Act (ISA). GMI chairman
Syed Ibrahim Syed Noh, who
handed over the memoran-
dum to Istana Negara public
relations officer Mohd Khairi
Abdul Rahman, told reporters
later that the GMI had also re-
quested for an audience with
the Yang di-Pertuan Agong,
Tuanku Mizan Zainal Abidin,
on Aug 1 to hand over a “peo- Nicholas Teo
ple’s declaration” condemning
the ISA.
“On that day, we expect
about 100,000 people, includ-
ing representatives of non-
government organisations
and political parties, to walk in
a procession to the Istana Ne-
gara from the Sogo shopping
complex and Masjid Jamek to
deliver the declaration,” he
said.
He said GMI would apply
for a police permit for the
gathering and procession. Thong Sia Sdn. Bhd. CP27, Suite 2601-04, 26th Floor, Central Plaza, 34, Jalan Sultan Ismail, 50250 Kuala Lumpur. Tel: (603) 2141 5163
– Bernama Website: www.thongsia.com.my