The Bar Council on 30 June 2009 submitted a revision application pursuant to Section 35 of the Courts of Judicature Act 1964 in respect of the sentence imposed on Muhammmad Syafiq Abd Wahab, to YA Dato’ Mohamad Zabidin bin Mohd Diah, the High Court Judge in the Criminal Division of the Kuala Lumpur High Court.
It was reported in the Star newspaper on 26 June 2009 that the Sessions Court judge had sentenced Mohammad Syafiq to be whipped and that the judge would carry out the whipping himself. The Bar Council was concerned on the issue of separation of powers and the conflict between the duty of a judge and that of an executioner arising from the sentence.
Muhammad Syafiq was convicted of armed robbery, and Judge Zainal Abidin Kamaruddin imposed the sentence pursuant to Section 293(1)(c) of the Criminal Procedure Code. He also ordered Muhammad Syafiq to carry out 200 hours of community service.
George Varughese
Secretary
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