KUALA LUMPUR: Two policemen convicted of brutality against a detainee here failed in their bid to overturn the Sessions Court’s four-year jail sentence against them.
High Court judge Justice Amelia Tee Hong Geok Abdullah, in dismissing the appeal by Sjn Mohd Shafiee Abdul Halim and Sjn Mohd Diah Sulaiman, both 51, said their application was without merit.
Sjn Mohd Shafiee and Sjn Mohd Diah, together with five others, were charged with voluntarily causing hurt to lorry driver B. Prabakar, 31, and crane operator C. Solomon Raj, 21, at the Brickfields police station between 10.15pm on Dec 23 and 3.30am on Dec 24, 2008.
On Oct 4, 2011, Sessions Court judge Abu Bakar Katar sentenced Sjn Mohd Shafiee and Sjn Mohd Diah to four years’ jail each after they were convicted of causing grievous hurt to Prabakar. He allowed a stay of the sentence pending their appeal but increased bail to RM10,000 each.
Justice Amelia upheld the decision by the lower court. She said since they had been on bail pending appeal, she was ordering the sentence against them to run concurrently with effect from yesterday.
Meanwhile, the court upheld the Sept 12, 2011 lower court’s acquittal of Sjn Zulkiplly Taib, Kpl Abdullah Musa, Kpl Zamrin Zaid, L/Kpl Matila @ Suadi Ismail and L/Kpl Nizam Abdul Wahab, who were initially charged with the same offence as the two sergeants.
Justice Amelia also upheld a lower court’s decision to acquit Sjn Mohd Diah on another case of injuring the detainees under Section 193 of the Penal Code.