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theSun | FRIDAY JULY 24 2009 5

news without borders

Teen who killed

teacher’s daughter
to remain in jail
PUTRAJAYA: A teenager who tuan Agong after convicting him
was convicted of killing his tui- of stabbing his tuition teacher’s
tion teacher’s daughter in 2002 11-year-old daughter 24 times
will remain behind bars at the at her house in Taman Sri Ram-
pleasure of the King after ex- pai in Wangsa Maju between
hausting all avenues to declare 3.30pm and 4.30pm on May 30
the punishment, provided in the 2002. He was 12 years old when
Child Act, unconstitutional. he committed the offence.
The boy, now 20 years old, The case caused an uproar
had asked the Federal Court to in 2007 when the then Court of
restore the Court of Appeal’s de- Appeal judge, Datuk Gopal Sri
cision which ordered his release Ram (now Federal Court judge),
on July 25, 2007, after declaring in a landmark decision, ruled
that Section 97 (2) of the Act, that section 92 (2) of the Child
which provides the power to Act was unconstitutional as it
detain a minor convicted of gave the power to the executive
murder at the pleasure of the to sentence a child convicted of
Ruler, was unconstitutional. murder.
The Federal Court yesterday He said that it went against
heard the boy’s application to the doctrine of separation of
review its decision, delivered on powers as enshrined in the
Oct 23, 2007, which overturned Federal Constitution.
the Court of Appeal’s order. Sri Ram had held that the
Chief Judge of Malaya Tan courts must have the exclusive
Sri Arifin Zakaria and Federal authority to find a person guilty
Court judges Datuk Seri S. Au- of murder and then impose a
gustine Paul and Datuk Wira penalty, and it could not merely
Mohd Ghazali Mohd Yusoff convict a person but leave the re-
unanimously ruled that this was sponsibility of sentencing to the
not a rare and exceptional case king, the rulers or governors.
which warranted the apex court Sri Ram upheld the convic-
to invoke its inherent power to tion, saying that there was
review its previous ruling under “abundant” evidence against
Rule 137 of the Rules of the Fed- the boy but set him free after
eral Court 1995. holding that there was no law
Justice Arifin said the argu- that prescribed a sentence for a
ments put forward by the boy’s child convicted of murder.
counsel, Karpal Singh, on the In his submission yesterday,
doctrine of separation of powers Karpal Singh said the Federal
had already been raised and Court ought to invoke its jurisdic-
considered by an earlier panel tion to review the case because
of the Federal Court. there were differing opinions by
In 2003, the High Court or- the government and the judici-
dered the boy to be detained at ary on the doctrine of separation
the pleasure of the Yang di-Per- of powers. – Bernama

cannabis at Bandar Baru Sentul

briefs at 9pm on March 2, 2004. – Ber-
nama AF8M34X

Memo on ISA
Three freed on drug handed to palace
trafficking charge ment for the Abolition of the
KUALA LUMPUR: Three men ISA (GMI) yesterday submit-
escaped the gallows after the ted to the Istana Negara a
High Court yesterday acquitted memorandum calling for the
them of trafficking in 2.8kg of abolition of the Internal Secu-
cannabis five years ago. Car rity Act (ISA). GMI chairman
cleaner C. Anbuchelvan, 33, Syed Ibrahim Syed Noh, who
restaurant assistant S. Sangker, handed over the memoran-
29, and air-condition technician dum to Istana Negara public
M. Alagendran, 25, walked out relations officer Mohd Khairi
free men after Judge Lim Yee Abdul Rahman, told reporters
Lan was satisfied there was no later that the GMI had also re-
prima facie case against them quested for an audience with
for trafficking drugs. the Yang di-Pertuan Agong,
In his judgment, Lim said Tuanku Mizan Zainal Abidin,
there were doubts on the weight on Aug 1 to hand over a “peo- Nicholas Teo
of the drugs seized at the scene ple’s declaration” condemning
as it was said to be 2,804gm the ISA.
but the weight analysed by the “On that day, we expect
Chemistry Department was about 100,000 people, includ-
2,813gm. The parcel of the drugs ing representatives of non-
seized is also not clearly marked, government organisations
she added. and political parties, to walk in
Lim also questioned why a procession to the Istana Ne-
another suspect, who was at the gara from the Sogo shopping
scene and had conversed with complex and Masjid Jamek to
the first and third accused, was deliver the declaration,” he
released. said.
Anbuchelvan, Sangker and He said GMI would apply
Alagendran pleaded not guilty for a police permit for the
in the High Court on March 12, 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
2004 to trafficking 2,813gm of – Bernama Website: www.thongsia.com.my