TEACHER(cum Caretaker) sentenced to 10 years in prison after admitting to inflicting physical injuries on three children, aged 10 to 12, under his care.The prison sentence will be served consecutively, starting from the date of his arrest. Was the sentence excessive - even PM Najib who was sentenced a total of 72 years, was allowed to serve his sentence NOT Consecutively - but at the same time, so just 12 years.
But this 'teacher' was sentenced to serve
...ex-Prime Minister Najib for SEVEN offenses and sentenced to a total of 72 years and fines
For the three criminal breach of trust offences under Section 409 of the Penal Code, he ordered Najib to serve 10 years for each count.
Najib was also ordered to serve 10 years jail for each of the three counts of money laundering under Section 4(1)(b) of the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (AMLATFPUAA).
For the abuse of power charge, he was sentenced to 12 years...
FIRST ACT OF MERCY - Rather than being ordered to serve 72 years in prison, the court ordered all the prison sentences of the 7 offenses to be served at the same time... and not consecutively. - Najib's PARDON now may have serious impact to Malaysia, Malaysian law enforcement, prosecution and courts?
Let's look at the crimes, he was convicted for -
...struck the victim’s right palm with a cane for littering.A cane and a mobile phone containing a video recording of the suspect striking the child five times were seized during the operation.
The caretaker, also a teacher at Miftahul Hikmah Integrated Islamic Primary School, confessed to striking the second victim six times on the palm which potentially caused injuries.
In a separate instance, he also admitted to pressing down on another victim’s chest with his knee, causing bruises and exposing old wounds on the thumb.
assaulting the third victim using a cane, a broomstick, and a badminton racket, all of which were stored in the teacher’s room.
TRUE, they were CRIMES - but justly, a sentence of 10 years was excessive - in my opinion, a sentence of 1 - 4 years would have been more just.
What happened to the teacher, who punished children by asking them to stand out under the blazing sun...the case where a 11 year old student, who after being punished by having to stand under the hot sun suffered heat exhaustion or heat stroke, that also caused nerve damage and have now made a previously healthy child into now, a person with disabilities. Minister Fadhlina Sidek must APOLOGIZE and ensure teacher perpetrators charged in court for 'torture' of 11 year old, asked to stand under the sun - now became a person with disabilities?
Has that teacher been charged and tried in court yet? This was a serious case of TORTURE and a normal child had became disabled for life.
EGG-SHELL Principle - the rule encapsulates the idea that if someone is particularly delicate (has a skull as thin as an eggshell, say), then someone who injures them is still responsible for the extent of the damage, even if it's unforeseeable because a non-delicate person wouldn't have suffered the same damage.
In criminal law, the general maxim is that the defendant must "take their victims as they find them", as echoed in the judgment of Lord Justice Lawton in R v. Blaue (1975), in which the defendant was held responsible for killing his victim,.
So. the excuse that the child was exceptionally weak, and that is why he suffered heatstroke and permanent mental disability is NO DEFENCE for the teacher who punished the child by asking him to stand under the hot sun. Charge that teacher immediately, if he is still not being charged yet.
With regards the caretaker at GISBH - note there was no lawyer present, and without a lawyer, it is dangerous.
Why did he even confess to all the crimes? Video Recording - who did the recording? An accomplice? WHY? As there was no TRIAL, that will not even be challenged.
What 'confession'? In Malaysia, confessions, taken after arrest and detention, are no longer admissible in court if presented by prosecution - so what confession? When accused, he would have only pleaded guilty to the charge..
Why did he plead guilty?
Of course, most people knew that following the HUGE crackdown on GISBH, this conviction of a staff of GIBSH was needed? So, was he pressured or 'threatened' to confess? As we know, to date we have heard no conviction about sexual abuse and sodomy yet - the very allegations that angered people a lot...
A fair sentence for 23 year old who pleaded guilty would have been just..
As this man, may still have no lawyer, he would most likely not even appeal the rather 'UNJUST' sentence of 10 years - as appeal needs to be done within a certain time...so, he will languish in prison for 10 years - out in 2034??
See also:-
9/11 GISBH - What is happening? Are the actions in accordance with law? PAS raises concern about unfair targetting of business premises?
Caretaker at GISBH Klang welfare home gets 10 years jail for abusing children
KLANG, Sept 26 — A caretaker at a GISB Holdings Sdn Bhd (GISBH)-linked home in Klang has been sentenced to 10 years in prison after admitting to inflicting physical injuries on three children, aged 10 to 12, under his care.
Muhammad Barur Rahim, 23, appeared before the Klang Sessions Court today and confessed to committing the offence at the Al-Mahabbah Welfare and Education Organisation in Bukit Raja, Klang Utara, in July 2024.
According to the prosecution, he reportedly struck the victim’s right palm with a cane for littering.
He was charged under Section 31(1)(a) of the Child Act 2001, which carries a maximum penalty of a RM50,000 fine or up to 20 years imprisonment, or both upon conviction.
The verdict was delivered by Sessions Court Judge Noridah Adam.
The prosecution also said that a team of investigators from the D14 Criminal Investigation Department and officers from the Social Welfare Department conducted a raid earlier this month at the premise after receiving information regarding child exploitation.
A cane and a mobile phone containing a video recording of the suspect striking the child five times were seized during the operation.
The caretaker, also a teacher at Miftahul Hikmah Integrated Islamic Primary School, confessed to striking the second victim six times on the palm which potentially caused injuries.
In a separate instance, he also admitted to pressing down on another victim’s chest with his knee, causing bruises and exposing old wounds on the thumb.
Barur also confessed to assaulting the third victim using a cane, a broomstick, and a badminton racket, all of which were stored in the teacher’s room.
The prosecution requested that the court consider imposing an additional sentence, requiring the accused to enter into a bond with sureties to maintain good behaviour for a period deemed appropriate by the court.
Failure to comply with the bond conditions could result in an additional fine of up to RM10,000 or imprisonment for up to five years, or both.
The prison sentence will be served consecutively, starting from the date of his arrest. - Malay Mail, 26/9/2024
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