Court of Appeal commutes kidnapping charge for 3 men

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THREE men including a businessman were sentenced to seven years in prison by the Court of Appeal today on a reduced charge of abducting a five-year-old boy with intention to wrongfully confine him almost seven years ago.

Deputy public prosecutor Nahra Dollah informed the three-member panel of judges that the prosecution had accepted the trio’s oral representation to amend their charges.

The panel – comprising Justices Hanipah Farikullah, Ahmad Nasfy Yasin and Nordin Hassan – subsequently convicted and sentenced Siow Kek Keong, Riduanshah Yahya and Mohd Saifulamry Jarkasi to seven years’ imprisonment.

Siow, 52; Riduanshah, 40, an Indonesian; and Mohd Saifulamry, 35, a lorry driver; were initially charged under section 3 (1) of the Kidnapping Act 1961.

The charge was amended to abduction with intention to wrongfully confine the boy under section 365 of the penal code.

The maximum sentence for kidnapping is death, while the charge under section 365 is punishable with imprisonment of up to seven years and a fine, on conviction.

In November 2019, Shah Alam High Court sentenced the three men to life imprisonment and two strokes of the rotan after they were found guilty of kidnapping the son of a contractor for a RM300,000 ransom at the roadside in Jalan Seroja, near Taman Setia, Sungai Chua, Kajang at 9.26am on October 9, 2015.

Lawyers Geethan Ram Vincent, Belinda Low Siet Wan and S.S. Seelan, representing Siow, Riduanshah and Mohd Saifulamry respectively, in mitigating, said their clients were remorseful and promised not to commit the offence again.

Geethan Ram said the victim was unhurt and almost all the ransom money was recovered.

Nahra said the three had served six years and nine months in prison, which was adequate since the maximum sentence for the offence under section 365 is seven years.

She also asked the court to take into account that the offence committed by the three involved a five-year-old child.

Geethan Ram told the media that his client would be released from prison today, taking into account one third remission of the prison sentence.

According to the facts of the case, the boy was abducted when his mother dropped him off at a kindergarten. The boy was returned to the family after the father paid the ransom money. – Bernama, July 4, 2022.