CJ keeping mum on statutory rape cases

Chief Justice Arifin Zakaria has refused to comment over the suggestion by the Attorney-General’s Chambers (AGC) for the Court of Appeal to review its decision of setting aside the five-year jail term on the national tenpin bowler Noor Afizal Azizan for raping an underaged girl.

Arifin said that it could be sub-judice for him to comment and that it is up to the courts to decide if attorney-general Abdul Gani Patail can do so.

“If the AG wants to apply (for the review), we will see how. It’s up to the court to decide,” he told the press during a Hari Raya open house event held at the Palace of Justice today.

As for the appeal by the AGC against the Penang Sessions Court’s judgment on a 22-year-old electrician who had committed statutory rape, Arifin also refused to comment, citing the same reason.

Yesterday, Abdul Gani said the AGC was also scrutinising the Court of Appeal's Aug 8 decision to set aside the jail term imposed by the Melaka High Court on Noor Afizal (right) for raping an underaged girl at a hotel in Ayer Keroh, Melaka in 2009, after the prosecution appealed against the five-year bond of good behaviour meted out to him by the Melaka Sessions Court under Section 294 of the Criminal Procedure Code (CPC).

The AGC has also filed an appeal against the Penang Sessions Court's decision last Aug 28 to bound over Chuah Guan Jiu on a RM25,000 bond of good behaviour for three years for committing statutory rape.

Chuah was charged with raping a 12-year-old girl under Section 376 of the Penal Code and the decision was made based on his young age at the time of the offence and because he was a first-time offender.