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Read also: Anger and ire over court ruling on alleged rapist
Original Article:
"Public interest will not be served if (the rapist) was given a custodial sentence when he had a bright future ..."Read this article and throw up!
08 August 2012 | last updated at 03:45PM
National bowler escapes custodial sentence for statutory rape
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PUTRAJAYA: A national bowler escaped custodial sentence for committing statutory rape with a 13-year-old girl three years ago.
The Court of Appeal yesterday allowed Noor Afizal Azizan's appeal against the High Court decision to sentence him to five years jail.
A three-man panel led by Court of Appeal president Tan Sri Raus Sharif substituted the jail term with a bound over for good behaviour for five years.
If Noor Afizal breached the order, his bailor will have to pay RM25,000.
Raus in his decision agreed with counsel Hisyam Teh Poh Teik, who represented Noor Afizal, that public interest would not be served if his client was given a custodial sentence when he had a bright future.
Hisyam said that Noor Afizal was 18 years old when the offence was committed.
The Sessions Court in Malacca bound over Noor Afizal for good behaviour on a RM25,000 bond for five years after he pleaded guilty to raping the girl at a hotel in Ayer Keroh, Malacca on June 5, 2009.
The Sessions Court, on July 5 last year, in binding him over considered several factors including that there was a consensual sexual relationship between him and the girl.
The public prosecutor successfully appealed to the High Court on Sept 20 last year and obtained a five year jail term.
Noor Afizal, now 21, represented Negeri Sembilan between 2004-2010 and at the same time he represented Malaysia in the National Youth Category for five years between 2004-2008.
He is expected to represent Kedah in several up-coming tournaments such as the KL International Open Championship 2012.
Deputy Public Prosecutor Nadia Hanim Mohd Tajuddin appeared for the prosecution.
Read more: National bowler escapes custodial sentence for statutory rape - Latest - New Straits Times http://www.nst.com.my/latest/national-bowler-escapes-custodial-sentence-for-statutory-rape-1.122386##ixzz22zaAHTCV
Consensual sex? Excuse me. The girl was 13 when she was raped by the man (who was 18 when the crime was committed). She would be 16 and still a minor today. What consensual sex?
So what is the message that YA Rauf Sharif is sending to us? That it is not ok for a loser to rape someone's little girl but it is OK if the rapist happens to be a fantastic bowler, a national star, someone with a bright future?
What about the minor's future?
A travesty of justice.what the heck were the judges thinking.
ReplyDeletemmm.. mesti adik beradik PAS nih.
ReplyDeleteagak cam ne la PAS nak spin ni.
Rocky..you still cannot accept that malaysia law they got 2 kind of books?
ReplyDeleteNothing surprise! Even an ex CM got away with this kind of crime as well. The whistleblower even got jailed for helping the underage girl.
ReplyDeleteIn Malaysia, it is ok to rape a minor if your are a CM but that is CM is not from Penang!
ReplyDeleteWhat about Thambi Chik?LGE went to jail and Thambi Chik became boss of Risda.
ReplyDeleteTalk about stupidity, this judge sure takes the cake. A rape is a rape and the victim has to live the trauma time and again. Just because the perpetrator has a bright future does not negate what he has done. What about the girl's future? Is that not a consideration? Something is fundamentally wrong with this judgement. Can the Malaysian BAR raise this issue?
ReplyDeleteRaus in his decision agreed with counsel Hisyam Teh Poh Teik, who represented Noor Afizal, that public interest would not be served if his client was given a custodial sentence when he had a bright future
ReplyDeleteAint that the main reason and justice is served. The girl has no more DARA for her future husband and she may end up in a bothel as man only look for DARA while Afizal due to his VERY BRIGHT future can continue bowling and made more $$$$ with custodian watching over to ensure no other teenage DARA be raped. WHen the time comes he will find a DARA to get married. That's life and no doubt it in Malaysia where every one is equal?
The judge is bound by precedent set mah, this is Malacca ler........
ReplyDeleteMalaysia as a country is becoming a big joke, two guys got arrested and cuffed smiling away perhaps knowing they will get away with their crime!
ReplyDeleteStar or no star the guy had sex with a 13 years old and that is statutory rape in many civilised country this is a heinous crime but in Malaysia semua Boleh! Boy I am fed up yes I am going to puke!
I think and believe all the judges who let this rapist free are all supporting Pakatan Rakyat out to give the present government a bad name and Najib deems as a paper tiger in so far as being a prime minister!
ReplyDeleteAG chambers should look into this decision to let this animal free! Ptui!
Salam Datuk,
ReplyDeleteStrange decisions indeed.
How about this one, "Stall trader gets seven days jail for molesting neighbour - A food stall trader was sentenced to seven days jail, Friday, after being found guilty of having oral sex with a housewife without her consent. http://bit.ly/NkiZ1d
Not only the decision, the case itself is also puzzling.
Warmest regards
Freddie
the message is, judgement could tell whether one has bright future or otherwise based on non academic qualifications?
ReplyDeleteWhat happen that underage girl alleged raped by the ex UMNO CM? Is she alright now. I presume she had been well taken care by the caring UMNO.
ReplyDeleteStatutory or not, its consensual. The judge consider that too (apart from the mighty expensive his daddy provided).
ReplyDeleteFurthermore, he's the 'Yang Arif", you aren't.
-Rabbit
People going off the rails. OK to give 100k to Loga's kin. Banyak duit kerajaan? Rumah orang terbakar tak dapat apa pun!
ReplyDeleteThat's the problem with our justice system. Do you remember the cleaning lady who was jailed for taking a wallet that was left in the open ?
ReplyDeleteRemember the guy who threw his shoe at the Bench out of sheer frustration and had to go to jail, despite all the mitigating circumstances ? You didn't hurt anyone, but you go to jail. This guy raped a minor and was let off ?
ReplyDelete....and the culprit is not a star like Lee Chong Wei or Nicol David. He's just a punk.
ReplyDeleteThis is the kind of sick stuff that would make anyone from any walk of life throw up.
ReplyDeleteThe court has failed this time, in my opinion. The law was broken, a very serious crime was committed, and the supposed punishment will simply serve as an example to all closet pedophiles that "Hay, it's not as bad as I thought." No lashes, nothing??
The court needs to re-evaluate their sentencing, quick look at our Penal Code (Act 574) and looking under Section 375, ALL FORMS OF RAPE LEAD TO Section 376, where it clearly states:
"Whoever commits rape shall be punished with imprisonment
for a term of not less than five years and not more than twenty years, and shall also be liable to whipping."
However, at the same time, I would blame the caretakers of the girl for putting her in such a position. The excuse that "Oh, but she didn't know what she was doing" has time and time again been used over and over again like a broken record. In a world that is filled with useless parents, both sides need to be blamed for it. I see it as grounds for negligence which endangered a minor under their care.
Noor Afizal does not deserve such a lenient walk away from this. He deserves to be punished by the full brunt of the law, as a reminder to future wrong doers that society as a whole will not accept them for what they had done, regardless of status or position.
My only hope is that those who have gotten away with it have what is coming for them.
MA.
This reminds me of an UMNO poitician from Melaka... Malaysia apa pun BOLEH kau tim one!
ReplyDeletetoday dia rape anak orang.. esok orang rape anak dia pulak.. what u do u get back.. now all pay cash..
ReplyDeleteRocky,
ReplyDeleteYou left out the mother of all rapes by a Star in Malaysia!!
How about the rape of an underage Malay Girl by the Chief Minister of Malacca?
Did he not go off scot free!!!
Kalau Dah UMNO Blogger tu memang Buta pada Keadilan tapi nak Pretend Baik!!!
Now everyone can rape minor. hooray!
ReplyDeleteI thought Rahim Thamby Chik's case found him not guilty over the alleged raped. The girl wrongly accused him. It was a case of mistaken identity. Lim Guan Eng went to jail for defaming RTC over this incident when even the court had cleared the ex CM. LGE went to jail not for defending the girl. He went to jail for defamation against his political rival. LGE at that time was a Melaka politician.
ReplyDeleteI believe the judge for this case made the wrong decision. Troubling indeed.
what utter hogwash. then again, not much more can be expected from an umno dog.
DeleteShut yer trap lah pr pig
DeleteLook at Singapore, they hauled in 50 over buggers having sex with underage prostitute... but in bolehland u r encourage to do so...
ReplyDeleteThe judges must have read their law books upside down and had their exam papers marked by intoxicated Irish drinking imitation whisky.
ReplyDeleteWhat kind of judgement is this?
Before judging the judicial system of Malaysia, better get the facts & law correct..
ReplyDeleteStatutory rape is when a girl under 16 years old had intercourse with a guy WITH OR WITHOUT HER CONSENT..it is considered as RAPE..
however, in this case..he was her BF and she consented to it..although her consent was irrelevant in the eyes of law..it is relevant in the eyes of the person applying the law..
what if you had sex with your gf and she wants it too but later u found out that she was under age? DO U THINK U SHUD SERVE 5 YEARS IMPRISONMENT FOR THE THING YOU AND YOUR GF HAD ENJOYED TOGETHER?
what if you had sex with your gf and she wants it too but later u found out that she was under age? DO U THINK U SHUD SERVE 5 YEARS IMPRISONMENT FOR THE THING YOU AND YOUR GF HAD ENJOYED TOGETHER?
ReplyDeleteI don't think a 3 men bench can be mistaken. They are both minors at the time of offence (see Age of Majority Act).
ReplyDeleteYes the girl was below 16 and that is statutory rape but when the rapist is also underaged, the court has a discretion on the sentencing.
Remember the boy who killled his tuition teacher's daughter? He too was underaged but due to the gravity of the offence, he can't be allowed to walk free but detained at the pleasure of the king.
harap anak pemain bowling yang mempunyai masa depan yang cerah itu dirogol semua oleh pemain star yang lain.
ReplyDeleteIt is indeed a matter of concern. If a crime has been committed and established, then the perpetrator must be punished according to the law. While such travesty of justice is nauseating, it is equally nauseating to see how some of the trolls in your blog attempt to take the opportunity to gain some political points by linking unrelated cases that is not a precedent at all. Since they are at that, let's take the comments which said there is a precedent of a minor being raped and the perpetrator getting away scott free. Of course the case is related to former Malacca Chief Minister Rahim Thamby Chik.
ReplyDeleteIn that case, the court found insufficient evidence to convict him for allegedly having sex with a minor (regardless whether it is consensual or otherwise as still constitutes rape). In fact, later on, the girl purportedly to have been raped by Rahim, had even come out to publicly deny that she was a victim of such a crime. Of course, there was a flurry of allegations that she was paid off to make the public appearance but the crux of the matter is that "if the victim said she was NOT a victim, how can there be a perpetrator".
Unless it can be proved that bribery or threats were involved. This is unlike the case of this bowler whereby he is found guilty of having sex with a minor, though consensual, is still statutory rape.
Secondly, Guan Eng was jailed for sedition and distribution of slanderous pamphlets (read here: http://eddydaud.blogspot.com/2012/07/guan-eng-went-to-prison-for-malay.html).
Of course, Guan Eng and his ilks attempted to turn him into a hero for the Malays and that is not surprising given that the DAP was widely regarded as anti-Malay and anti-Islam, and still is.
What Guan Eng had done then was to manipulate a gullible grandmother to pursue his political agenda.
After being sent to jail, true to their nature, Guan Eng and his DAP propaganda machine worked overtime to turn him into a martyr, sloganeering that Guan Eng was jailed in fighting for a Malay girl etc.
If the whole issue is dissected, it is obvious that the fight for the Malay girl was taken up by Guan Eng because it was a political opportunity. Even though being incarcerated is probably not something that Guan Eng had bargained for then, it paid off in the long run.
Apart from linking the Guan Eng case to your posting, some of the trolls are trying to now turn Rafizi who is facing the Bafia case, into another "Guan Eng" episode.
If there is any precedent it is the efforts to make Rafizi a martyr as was in the case of Guan Eng.
Again, what the trolls choose to "hide" is the fact that Rafizi had broken the Bafia laws, jeopardising the trust on the entire banking system in Malaysia.
Caught with his pants down, Rafizi and his cheerleaders attempts to use the Whistleblowers Protection Act to protect himself.
Even though the WPA clearly shows that Rafizi cannot and will not be considered a whistleblower, his propagandists kept pressing on and has now made the WPA a subject of ridicule.
This is where the problems lies - the inability (intentionally or otherwise) to separate the two issues - one about the NFC (whether a crime had been committed or otherwise) and breaking the Bafia laws.
Based on the two cases - Guan Eng vs Rahim and Rafizi vs NFC, it is obvious that there are precedents set by the Pakatan players - it does not matter whether you lie, break the laws, misinform or cheat - as long as you can annihilate your political opponent - your are a hero.
He who will never trust Guan Eng, ever again
how about the CM's son ramas tetek anak dara orang..and kemudian CM bayar entah berapa ratus ribu untuk tutup mulut?????
ReplyDeletehail the Court when they free Al Juburi of sodomy charges...and now they blame UMNO for the judge decision...WTF
ReplyDeleteIN MALAYSIA
ReplyDeleteIT'S OKAY TO ROB STATUTORILY THE CHINESE HARD WORK. SO WHAT IS THERE TO SAY ABOUT STATUTORY RAPE ?
So many strange happenings, and as a woman and a mother, to learn of this kind of verdict coming from Yang Arif is very disappointing and "FRIGHTENING!"
ReplyDeleteI blogged an article on this here;
http://woman724.blogspot.com/2012/01/sexual-abuse-justice-for-victims.html
In Malaysia,
ReplyDeleteit's ok to rape a minor If you're a star?
Of course it is, in fact if you rape an underage you can even be called a Tan Sri and you need the chinese chauvinistic DAP fella to save an underage malay girl and yet go to jail.
This case is not surprising i wonder why it did surprise Rocky the dorky.
Something is very very wrong with our country nowadays. Our leaders keep talking about morals and all that but here is a confirmed case of rape and the rapist is let loose? For what he did, his future deserves to be destroyed which is what they do in Singapore to someone who is caught and guilty of corruption. No exceptions.
ReplyDelete"In Malaysia, It's ok to rape an 'Amah' if you are the minister"??
ReplyDeleteRais Ahtim
Dont go overboard in making comments. Make it public. And see if you are man enough to face the minister in court. Accusing someone of rape is no small matter. Dont hide behind blogs if you dare.
ReplyDeletewe should not keep this judge in his office, dangerous to rape victims. He set precedence for a case like this..unbelievable and shocking.
ReplyDeletemalay men where got respect for their women. can marry and still go out and cari others.They are like a collection of objects to be owned.His itchified dick has been endowed special rights (or so he thinks).The concept starts young and most of the time at home with the horny unfaithful father as a shining example!! Thank god I was not born a Malay and a muslim WOEman!!
ReplyDeleteDont forget a sodomist is at loose and wrecking the country because the idiot judge thought he is being fair by being divine to expect evidences to be 100% convincing beyond the humanly possible "beyond reasonable doubt."
ReplyDeleteThen the idiot judge could accept the questionable expertise and credential of two socalled DNA expert fromAustralia.
In addition, the judge could fall for political pressure from abroad.
Frankly, most of the opposition sympathiser judges are not onterested in justice but politics that they have failed on their responsibility to do their work.
Judges should not be immune to contempt of court protection when they do stupid jydgement lije this.
How do we expect to clean the country of crimes, corruptions, and immorality if this is how our judges make decisions?
God save malaysia when judges become big headed under pakatan socalled promises for independent judiciary.
judge sure umno member
ReplyDeleteSo in juburi case judge sure dap n pkr member
Deleteso JAIM (Jabatan Agama Islam Melaka? if there is one) wont take action now on this chap for sex outside of marriage?
ReplyDeleteI would have expected the judge to consider that he is a national sports player and has a moral obligation to ensure his good behaviour and that is not raping anyone, be it minor or adult. As such, the judge should have given him harsher jail terms in view of hism being a person the young ones should look up to as a sportsman.
ReplyDeleteA Voice
ReplyDeleteDont forget the other equally ludicrous judgements we have been hearing of late when the verdict flies in the face of the evidence.And mind you, I haven't even touched on the equally absurdist interpretations pertaining to legal suits.
As long as the bench is infested with vermin and scumbags of a certain political colour (no prizes for guessing which), then truly will justice be not only blindfolded but gagged as well ready to be raped...
What we need is a thorough cleanup of the scumbags clogging the system before we get something, like sanity, rationality and fairplay flowing like a mighty river but then again do the powers that be realize of the Trojans in their midst?
Warrior 231
Anon 11.08pm
ReplyDeleteChingks and Hindulens respect their women? hahahaha......
After all, their mothers were whores who satiated the lust of Tongkang coolies and estate pariahs besides performing their wifely duties to procreate scumbags like y.......
Want some proof:
the colonial authorities who regarded opium smoking, gambling, drinking and patronising brothels as the "four well-known evils'' of the Chinese......"
http://www.malaysiahistory.net/index.php?option=com_content&view=article&id=92%3Aprofiting-from-prostitution&catid=40%3Awomen&Itemid=115
Hey, who is to say how many of the descendants today had granny bitches who were whores and granpappy dogs who were pimps. The demographics back then, with its skewed male-female ratios, pretty much backs this theory. After all, many were residents of Poh Leong Keoks, the denizens of which:
"....would either marry or find a job"
http://www.malaysiahistory.net/index.php?option=com_content&view=article&id=92%3Aprofiting-from-prostitution&catid=40%3Awomen&Itemid=115
You can even read about those great ancestors in this tome:
http://elib.uum.edu.my/kip/Record/u386568
and later do a trace of your lineage in order to thank your bald headed wispy bearded, pot bellied tin (in)god (sic...) with a plateful of petrified pig, luckless chicken, apples, grapes and oranges and some cheap rice wine or samsu set amidst trails of nauseating smoke from giant jossticks....
or if yer are a freaking Christo, scream hallelujah like a demented mad-arse even as poor ol schizoid (H)im dribbles spittle whilst gazing downwards longingly at all that bread, wine and Mary Magdalene's wide open c...
Now go finger yerself and have a nice wash afterwards.
Warrior 231
The same guys are cracking the whip and reducing the once-proud Iran to pariah status!
DeleteNext in line...a certain Assad guy.
Seems that the maruahites are playing possum when Uncle Sam waves his schlong around....
Not to mention the smaller schlongs waving around in the South China Sea..
A clear case of pecker inferiority, if ever there was one!
The Judges Degree bought from USJ, Apa pun Boleh.
ReplyDeletethis is totally insane...a case of our judges being paid peanuts and becoming monkeys instead erh? this judge is not so Ariff after all..
ReplyDeleteJimi
Anon 11:08
ReplyDeleteThen why are you in my country? Go back to where your forefathers came from. GET LOST. SHAMELESS BASTARD. We dont need bastards like you.
Anon 3.16 PM
ReplyDeleteYou cannot accept a different opinion, so you call on Pendatangs to go back to their forefathers' countries ? Is this what Najib means by Satu Malaysia ? Satu Malaysia, berapa standard ?
Rocky you remember this case in your blog in 2008....your statement " 18 years is too long " now you go and check the actual facts of this case after 2008.You know wat the case is still on in July 2012 . This case started way back in 2004.
ReplyDeleteLIM PECK HWA VS NIRMALA BONAT
Go check your facts rocky boy
warrior 231 3 anon3.16 -so marah one ah, bcos guilty as charged...hehe your machoness got threatened ah?? hehe. But ah..... no one can beat the way you guys show your *luving* with your own flesh and blood. Its notorious..lol
ReplyDelete9.28 sicko
ReplyDeleteYou start it and I respond with facts which hurts like crazy. try debunking that reality for a change instead of gloating like an inane pig. And the truth of the matter is the website where I culled the pendatang scums' prostitute/pimp past from is run by a Chingkie
In any court of law, evidence and facts count excepting in a Chingk pig or Kelingkiak cow court that is. So since it has been put up unchallenged and unrefuted, it must be Mr Baldheaded Truth himself.
Your friend, Anon 11.08 or probably you 9.28pm is just talking thru his/her arse like all chingks and kelings like to do berating others willy nilly to massage infantile egos. Slobber on, pig-dog for whatever you say is consistent with that whore-pimp heritage, so be proud of it as it is forever embedded in your filthy DNA wherever you go: Sons/Daughters of whores and pimps.
2. *luving* with your own flesh and blood:
well we dont sit on them until they suffocate to death, do we? hahahahahaha:
1. Case One : Chingk
http://asiancorrespondent.com/87192/malaysian-girl-killed-in-suspected-exorcism-ritual/
3. And yes at least we still have our machoness intact not like some godamn gender confused ethnics:
http://thestar.com.my/news/story.asp?file=/2012/8/9/nation/11825093&sec=nation
(sorry for quoting from a Chingkie toilet rag)
Warrior 231
4.39pm
ReplyDeleteYou called what yer dear arsewhoring friend 11.08pm said an opinion? Bullshit!
Why dont you go and lick your mama's cunt for a change and get those vitamins for your brains so you can distinguish between opinion and garbage the next time around, pendatang bastard.
Warrior 231
korang semua bodoh. frothing at the mouths for nothing. you too, rocky!
ReplyDeletefact: both accused and victim underage at the time alleged crime committed. no judge in his right mind would commit the offender to prison since he was a minor at the time of the incident.
fact: it was consensual though technically rape IF offender is of age.
fact: incident admitted by both offender and victim
kalau tak tau undang-undang janganlah nak buat pandai.
What would these judge feel and think if these unfortunate victim is his own daughter. Any better idea they can think of next?.
ReplyDeleteBirds of a feather flock together........
ReplyDeleteAre the Judges and AG themselves paedophiles?
to Warrior 231:-
ReplyDeletewe r all pendatang, melayu included tau.
the chinese n indian were brought in legally by the british.
But the melayu floated in from indonesia on sampan.
no need to get angry and show your arrogance. U r no better ok.
for your info, most of incest and child rape case in malaysia are amoung the melayu. nothing to be proud about u pendatang.
anak indon
18-year-old senior at Garfield Heights High School, received a three-year prison sentence on Tuesday as a result of pleading guilty to kidnapping, felonious assault and other crimes..on..ex-girlfriend Andrea Lane.
ReplyDeletehttp://sports.yahoo.com/blogs/ncaab-the-dagger/top-recruit-collapses-court-receiving-three-prison-sentence-141153269--ncaab.html
at first father find out the consensual sex from diaries.. actually there plenty people that i meet while studying in UK confess they make sex as early 13 years old... can we put all of them in jail for this crime? makes me wonder..
ReplyDeleterocky bru, have you ask the this kind of question when the umno ex-CM of Melaka raped underage malay girl? or maybe is ok for umno ex CM to raped the underage girl?.. i never hear anything from your comments about that..
ReplyDeleteohh ya,someone go to jail for that but not that CM..