Sunday, October 24, 2010

Cops jailed for assaulting Indonesian karate referee

L/Kpl Abdul Aziz Shamsudin, 42, L/Kpl Adi Sebi, 35, and Kons Helmi Hussanie Sukri, 22, and Kons Mohd Dzulhaffiz Che Zainal, 23, were found guilty of voluntarily injuring Donald Peter Luther Kolopitha along the road outside a Universiti Sains Islam Malaysia hostel in Nilai at about 2am on Aug 24, 2007.

Magistrate Noralis Mat said the prosecution had successfully established a prima facie case against the four.

"The court finds that you used excessive force on the victim, which resulted in him suffering serious injuries to several parts of his body," she said in her judgment.

Kolopitha, who was in Malaysia with the Indonesian karate team, was to referee at the Eighth Asian Karate Championship held at the Nilai Indoor Stadium.

The Indonesian team withdrew from the tournament to protest against the assault. The incident also sparked anti-Malaysian demonstrations in several cities in the republic.

Noralis said testimony by witnesses supported the victim's claim that he was beaten while handcuffed. A medical report also showed that Kolopitha suffered injuries to his face, abdomen, left testicle and ankles.

"The victim could not have possibly recognised the four of you as you were in plainclothes and came in an unmarked van," she said.

The victim was also not drunk when the incident happened.

They were charged under Section 323 of the Penal Code, read together with Section 34 of the same code. Offenders can be jailed up to a year and fined up to RM2,000.

In mitigation, counsel for the four Cheong Koon Kah said the policemen had been suspended from work since the incident and were only earning between RM300 and RM1,000 a month each.

Deputy Public Prosecutor Wan Shahruddin Wan Ladin urged the court to impose a deterrent sentence.

Citing an example, Wan Shahruddin said even former Inspector-General of Police Tan Sri Rahim Noor was sentenced to jail after having pleaded guilty to assaulting former Deputy Prime Minister Datuk Seri Anwar Ibrahim.

Noralis then allowed a stay order but increased bail from RM500 each to RM3,000.

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