Public caning a no-no, say former judges

Malay Mail
by IDA NADIRAH

PETALING JAYA, Nov 21 — Former judges said caning of young offenders in an open courtroom was unheard of during their days on the Bench.

Former Court of Appeal judge Datuk Shaikh Daud Ismail he had never come across or meted such punishments.

He also questioned why the Kuala Lumpur Sessions Court had called Mohamed Shaznee Jahn Mohamed Yasin, 19, and Redzohaan Abdullah, 20, who had been found guilty of gang robbery, as they had already been sentenced to 18 months and 24 months in jail, respectively.

Shaznee Jahn received seven strokes, and Redzohaan eight, in front of prison officers, a medical doctor, and those in the court gallery, including reporters.

“If they had been sentenced several months ago, what was the purpose of the duo returning to the courtroom?” Shaikh Daud asked.

“Why wasn’t the caning done in prison as the offenders were serving time?”

Shaikh Daud said there were numerous grey areas on why the caning was carried out within the court’s premises before a public audience.

“The court should have explained to the offenders if the caning was done as a replacement for their jail terms,” he said.

Retired Court of Appeal judge Datuk Low Hop Bing said the caning should have been carried out by the Prisons Department within the prison compound.

“It is unusual for it to take place inside the court and it was not proper for it to be done in public,” he said.

Low said even if the offenders had not appealed and were satisfied with the sentence, the caning should have been executed in prison itself.

A former High Court judge, who declined to be named, said he could not recall such occurrence taking place during his time.

He said if the High Court, which was higher in authority than the Sessions Court, suspected something amiss in this case, they could retrieve the case papers and rectify it.

“The High Court could inform the Sessions Court that what had taken place was not right,” he said.