ID :
137536
Sat, 08/14/2010 - 02:32
Auther :

CHURCH ARSON: BROTHERS SENTENCED TO FIVE YEARS' JAIL EACH




KUALA LUMPUR, Aug 13 (Bernama) -- The Sessions Court here sentenced two
brothers to five years' jail each after finding them guilty of torching a
church in Desa Melawati early this year.

Judge S.M. Komathy Suppiah meted out the sentence on despatch rider Raja
Mohamad Faizal Raja Ibrahim, 24, and his brother Raja Mohamad Izham, 22, a bank
employee, after ruling that they had failed to raise reasonable doubts in their
defence against the charge.

They were charged along with several others who are still at large, with
causing mischief by fire by torching the Metro Tabernacle Church at Jalan 4/4c,
Desa Melawati at 11.50pm on Jan 7 this year.

The charge under Section 436, read together with Section 34 of the same
Code, carries a maximum jail of 20 years and fine upon conviction.

On July 30, their friend Azuwan Shah Ahmad, 23, who was jointly charge with
committing the offence, was acquitted and discharged without his defence being
called.

Komathy, however, granted a stay of execution of the sentence pending an
appeal and allowed them a bail of RM20,000 (US$6,250) each.

Komathy, who described arson attacks on places of worship "egregious and
reprehensible", said the court was duty-bound to ensure that a deterrent
custodial sentence was imposed on offenders who desecrate religion or religious
beliefs, to ensure peace and harmony in a multi-racial country like Malaysia.

"The imposition of lenient sentence would not send a strong and clear
message that this kind of offence would not be tolerated and condoned," she
said.

She also said that it was fortunate that the police were able to maintain
law and order "despite your actions which were inflammatory in more ways than
one."

Komathy said however that in passing the sentence, she was mindful of the
fact that they both were young and had no criminal record.

"It is painful when a young person is required to be incarcerated but for
offences such as the present one, considerations of compassion must yield to
those of public interest.

"The massage from this court must be loud and clear -- 'don't play with
fire'," she said.

In mitigation, Hanif Hashim, representing both accused, urged the court to
impose a lenient sentence because it was their first offence and that they need
to look after their family.

Deputy Public Prosecutor Lailawati Ali objected and said that they should
have thought about their family prior to engaging in such act, which she said
could threaten public order.

A total of 24 prosecution and four defence witnesses testified in the trial
which started in January.
-- BERNAMA


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