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Friday February 20, 2004

Cop gets maximum terms for incest with daughters

BY V.P. SUJATA

IPOH: An auxiliary police constable was given the maximum sentence of 60 years' jail after he admitted to three counts of incest with two of his daughters, aged 12 and 21.

His brother, a security guard, was jailed for 16 years and ordered to be given six strokes of the rotan after he admitted to committing incest with his 15-year-old niece, another one of the policeman’s nine children.

The father admitted to committing incest with his 21-year-old daughter on two occasions – once on Oct 27 last year at about 2am and on Jan 30 at about 5am. His third offence was with 12-year-old daughter on Sept 3. The offences were committed at their home in Kampar.

The court was told that the girls had resisted their father’s advances but could not stop him.

Describing the 53-year-old father’s behaviour as worse than that of an animal, Sessions judge Rasidah Chik said his actions were despicable.

“This offence is serious in the eyes of the law and religion. You are 53-years-old and you cannot be given the rotan, but I am sentencing you to the maximum sentence – 20 years jail for each count – and both to run consecutively,” she said.

Attorney-General Tan Sri Abdul Gani Patail when contacted in Kuala Lumpur said he respected the court’s decision in meting out such a deterrent sentence.

“This goes to show that the courts are concerned about public feeling over such crimes. Our officers have been instructed to seek the maximum sentences for such crimes. We do not tolerate such heinous crimes,” he said.

Earlier, Deputy Public Prosecutor Shahidani Abdul Aziz, who was assisted by state deputy CID chief Supt Abdul Rahman Hashim, asked for a deterrent sentence in view of the accused being an auxiliary police constable who was well aware of the law.

He added that the victim, the 21-year-old daughter, now faced a bleak future.

“The accused will also escape the whipping sentence due to his age,” he said, adding that he had no previous conviction.

Shahidani also told the court that there were other incidents of incest with the girl but the victim could not remember the exact dates.

Later, in another Sessions Court, the father pleaded guilty to committing incest with his 12-year-old daughter.

Judge Maznah Abd Aziz, before sentencing him, asked the man whether he understood the consequences of pleading guilty.

When the man said yes, Maznah said: “You are very lucky to escape the caning. You are sentenced to the maximum jail term of 20 years,” she added.

Earlier, the father told both courts in mitigation that he wanted lenient sentence and that he had nine children including four who were still young.

A few minutes later, the constable’s 39-year-old security guard brother pleaded guilty to committing two counts of incest with his niece.

Maznah sentenced him to 16 years jail and to be given three strokes of the rotan for each offence. She ordered the sentences to run concurrently.

The offences respectively took place in a bedroom at about 2am in November 2001 here and at about 3am in March 2003 in a relative’s house in Kampar.

In mitigation, the security guard, who is still a bachelor, said he suffered from asthma and a bad back.

In asking for the maximum sentence, Shahidani said a security guard was responsible for the safety of the public.

The brothers, who were unrepresented, were charged with committing incest, under Section 376b of the Penal Code, which is a more serious charge than rape.

It was reported last week after their arrests that the father attacked the sisters after the girls’ mother died in August. The arrests were made after the eldest daughter lodged a report on Feb 9.

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