KUALA LUMPUR: The High Court has maintained the four-month jail term imposed on a former Rela member, who photographed a woman, while she was relieving herself in a truck after she was arrested in an anti-vice raid in March.
Justice Ahmad Maarop said the sentence meted out by a magistrate on April 16 against Mohamad Tahir Osman was just and appropriate.
“It is valid and befitting the facts of the case. I will, therefore, not vary the sentence,” he said.
Earlier, the judge heard submissions by lawyers for both sides and DPP Stanley Augustin, who represented the Public Prosecutor.
Lawyer Karpal Singh, who acted for 26-year-old Maslinda Ishak, the guest relations officer whose photograph was taken by Mohamad Tahir, 40.
Maslinda had applied for the case to be revised by the High Court so that the sentence could be enhanced.
Mohamad Tahir, who was represented by Edmund Bon, Amer Hamzah Arshad and Samri Masri, asked for a reduction of his sentence.
Maslinda claimed the four-month jail term was manifestly inadequate as it would only amount to 80 days after a one-third remission.
Augustin said Mohamad Tahir should be left to serve the original jail term that was due to expire on July 6.
“Let the sentence take its normal course. It should not be reduced because he had not merely taken the woman’s photographs but insulted her modesty,” he added.
Mohamad Tahir of Setapak admitted to taking the photographs of Maslinda while she was urinating with the intention of insulting her modesty.
The incident took place at 12.50am on March 22 inside a Federal Territory Religious Department (Jawi) truck in front of the Lai Ke Tong Club at Taman Maluri in Cheras.
In her affidavit supporting the application for revision, Maslinda said she was arrested at a club in Jalan Imbi here at 11.30pm on March 21 during a joint raid carried out by Rela and Jawi officers. She was then placed inside a truck and was taken to Taman Maluri in Cheras.
She said that while in Taman Maluri, she asked the officers for permission to use a toilet but they scolded her and instead asked her to do so in the truck.
Maslinda said her friends had formed a circle around her with a scarf when Mohamad Tahir opened the back door of the truck, pushed her friends, pulled the scarf away and photographed her while she was in the midst of relieving herself.