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Tuesday February 14, 2012

Shorter jail time for duo Court:

By NURBAITI HAMDAN
nurbaiti@thestar.com.my


PUTRAJAYA: The Court of Appeal has upheld the conviction of two brothers involved in the arson at the Metro Tabernacle church in Desa Melawati two years ago.

The court, however, unanimously held that the five-year jail term handed down by a Kuala Lumpur Sessions Court against Raja Muhammad Faizal Raja Ibrahim, 26, and Raja Muhammad Idzham, 24, was “excessive”. It reduced the sentence to a two-year jail term.

Justice Low Hop Bing, who chaired a three-man panel, said circumstantial evidence had pointed to the guilt of the two.

“Both the lower courts (the Sessions Court and the High Court) have correctly applied the principles of accomplice evidence. We, therefore, dismiss the appeal against the conviction,” said Justice Low here yesterday.

The two other judges sitting on the panel were Justices Abdul Malik Ishak and Ramly Ali.

On the appeal against the five-year jail term, the court said public interest should be weighed.

Justice Low said while public interest called for a deterrent sentence in criminal cases, the court also considered the fact that the two were first-time offenders and of a relatively young age at the time of the offence.

“We were also informed that as regards the damage to the church, the Government has allocated RM500,000 to restore the church to its original state. We are of the view that custodial sentence is necessary but the five-year jail term is excessive,” said the judge.

The brothers were ordered to serve the reduced jail term begining yesterday.

On Aug 13, 2010, despatch rider Raja Muhammad Faizal and bank clerk Raja Muhammad Idzham were found guilty of committing mischief with fire with the intention of destroying the church at Desa Melawati in Wangsa Maju.

They committed the offence at 11.50pm on Jan 7, 2010, and were jailed five years by the Sessions Court.

In May 2011, High Court judge Justice Mohamad Zabidin Mohd Diah rejected their appeal and upheld the five-year jail term.

The brothers, who were represented by lawyer Salim Bashir, then appealed against their conviction and sentence at the Court of Appeal.

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