i read with mixed feelings of sadness and bewilderment the
report, 'Sentence upped for man seeking trade-off for caning' (ST,
Aug 3).
Let's look at the facts of the case:
Iskandar Muhamad Nordin, an 18-yr-old with a low IQ, was sentenced
to nine month's jail and 3 strokes of the cane for touching a
woman's breast.
Unrepresented, he appealed, asking for a longer jail sentence in
lieu of caning.
CJ obliged by extending his jail sentence
to 2 years and increasing the caning to 9 strokes.
i have a few questions:
how did he come to be unrepresented? did anyone in our
law-enforcement agency brief him on his rights?
did the state give him access to a lawyer who could have explained
to him the consequences of a failed appeal?
being diagnosed as "educationally subnormal" and suffering from
"conduct disorder" and "attention deficit hyperactive disorder",
how was he deemed fit to conduct his own appeal - and, in this
connection,
was a professional engaged to help in this assessment?
the court scene couldnt have been more heart-rending: there stood
the mentally-disturbed and retarded iskandar, helplessly alone and
hoping for mercy from a learned judge not know for his
munificience. he didnt have a chance.
everyone connected with the case, except iskandar, probably saw it
coming. but how could he with his troubled mind and diminished
intelligence, and with absolutely no one to help him?
the eventual punishment of two years and 9 strokes was no doubt to
teach iskandar "so you will remember" never to touch women's
breasts again. and this supposed to be appropriate for a man with
an IQ of 58?
surely, there is a more humane approach to helping wayward young
people with mental disability.
but what did give the case a bad aftertaste was the remark by the
CJ that iskandar probably wouldnt mind the longer jail term.
considering iskandar's mental state, such a derision was quite
unnecessary.
i cant help wondering if the molested woman feels that justice has
finally been served.
Lee Seck Kay
the above appeared in the forum of The Straits Times, 6
august.