Court upholds sentence on car repossessor for rape, robbery of teacher

The Court of Appeal here today upheld the 19 years’ jail sentence and 15 strokes of whipping for a car repossessor who pleaded guilty to raping, committing unnatural sex and robbing a kindergarten teacher three years ago before spraying Clorox bleach on her face and body.

Erza Iwan Ni @ Nirman's appeal for a lower jail sentence was dismissed by the three-member panel comprising justices Abdul Karim Abdul Jalil, Hanipah Farikullah and Abu Bakar Jais.

Justice Abdul Karim, who chaired the panel, held that there was no merit in Erza Iwan's appeal, adding that the offences committed by him (Erza Iwan) were serious ones.

Meanwhile, the same court struck out the appeal by another car repossessor, Aza Nizam Razak, against his 13 years’ jail term and six strokes of the cane for raping another kindergarten teacher, after he withdrew his appeal.

According to the facts of the case, one of the victims, discovered two masked men in her bedroom in a house at Pandan Indah, Ampang and one of the men put a knife to her neck. Both men then brought the victim to the next bedroom occupied by another woman, whose mouth was then covered with duct tape and her hands tied.

When one of the victims told the men they did not have any valuables, Erza Iwan raped her with a knife pointing to the victim's neck, while Aza Nizam took the other victim to another room and raped her.

After the victims were raped, both men sprayed Clorox bleach on the victims' faces and body, with the intention to erase evidence.

Erza Iwan pleaded guilty at the Sessions Court for rape, carnal intercourse and two charges of gang robbery on the then 20-year-old woman and was sentenced to 10 years’ jail and six strokes of the cane for each of the sexual offences and six years and three strokes for each of the robbery charges.

Aza Nizam, meanwhile, pleaded guilty to a rape charge on another kindergarten teacher then aged 18 years, and two charges of gang robbery. He was sentenced to 10 years’ jail and to be given six strokes of whipping for rape and six years’ jail and three strokes respectively for each charge of gang robbery.

The Sessions Court ordered both men to serve the sentences concurrently.

Upon appeal by the prosecution against the sentences, the High Court increased the jail term to 13 years and maintained the six strokes of whipping for rape for both Erza Iwan and Aza Nizam respectively.

The High Court, however, upheld the jail term and whipping meted out by the Sessions Court on Erza Iwan for the carnal intercourse offence and one charge of gang robbery, and set aside his (Erza Iwan's) conviction for the other gang robbery charge.

The High Court ordered Erza Iwan to serve concurrently the jail sentences for rape and carnal intercourse but ordered the jail term for gang robbery to run after serving his jail sentences for the other two offences.

As for Aza Nizam, the High Court had also set aside his conviction for two gang robbery charges.

Lawyer Nik Ahmed Asraf Nik Othman represented Erza Iwan, while deputy public prosecutor K Mangai appeared for the prosecution.

- Bernama