Court upholds conviction, sentence of police sergeants

KUALA LUMPUR: The High Court here today dismissed the appeal by two police sergeants to overturn their conviction for assaulting two detainees six years ago.
Judge Amelia Tee Hong Geok Abdullah also upheld the four-year jail sentence meted out on Sergeants Mohd Shafiee Abdul Halim, 51, and Mohd Diah Sulaiman, 51, from the Brickfields police headquarters.
She ordered the officers, who had been on suspension so far, to serve the term effective today. The court, however, allowed a stay of execution pending their appeals at the Court of Appeal with a bail of RM20,000 with one surety each.
Mohd Shafiee was represented by Adenan Ismail, while Amer Hamzah Arshad appeared for Mohd Diah.
In her 36-page judgement, Justice Amelia said the court was of the view that the appellants' testimonies had clearly identified them as the persons who had assaulted the two victims with a rubber pipe as well as scalding them with hot water on multiple occasions.
In light of the medical evidence on the injuries sustained by the victims as well as photographs of the same, she said the court was satisfied that the Sessions Court was correct in finding that a prima facie case had been made out against Mohd Shafiee and Mohd Diah.
She also held that the Sessions Court judge had also been accurate in his ruling that the prosecution had made out a case against the appellants beyond all reasonable doubt.
Justice Amelia further upheld the Sessions Court decision to discharge and acquit five other policemen of the same charges without calling for their defence. They were Sgt Zulkiplly Taib, Cpl Abdullah Musa, Cpl Zamrin Zaid, L/Cpl Matila @ Saudi Ismail and L/Cpl Nizam Abdul Wahab also from the Brickfields police headquarters.
On Oct 4 2011, Sessions Court Judge Abu Bakar Katar sentenced Mohd Shafiee and Mohd Diah to four years in prison after finding them guilty of beating two detainees.
They were jointly charged with another five policemen, who were later acquitted, of injuring B. Prabakar, 34, and C. Solomon Raj, 24, to get a confession from them, at the Brickfields headquarters between 10.15pm Dec 23 and 3.30am Dec 24, 2008.
The charges were brought under Section 330 of the Penal Code which is punishable by up to seven years prison and fine.
Meanwhile, Mohd Diah was also discharged and acquitted by the same judge for making a false statement resulting in Cpl Mohd Azwan Mohd Syukor stating that Prabakar and Solomon Raj had not been interrogated and failing to report they had been scalded with hot water. – Bernama