Justice should be Tampered with Mercy.

I wish to refer to the article nst. dated 16th
july 'man gets Jail, rotan for sex with minor.'I
followed the case in 2003 when session court judge
Suraya Othman in her wisdom released Mohd Khairil
Anuar Osman on a $5000 three year bond for good
behaviour.At that time I was most impressed with the
demeanor of this Judge because she took the trouble to
inquire from the prosecutor whether the sexual act
between the two teenagers was consensual and on
finding that it was she proceeded to give a non
custodial sentence to the young man.At that time I
fully concurred with the Judge sentence because a
custodial sentence would not only ruin his future but
cast him among hardened criminals in prison.An act of
passion between two young people cannot be construed
as a criminal offence under section 376 of the penal
code.
Judge Suraya Othman had said at that time "that
it would not serve public interest to put him in jail
for a technical crime and that five years jail for
statutory rape was too heavy a sentence."This Judge
should be complimented.While other Judge would simply
gloss over the case , she would take the trouble to
inquire to see whether there were any mitigating
circumstances.She embodies the principle that justice
should be tampered with mercy.I salute this woman.
Imagine my shock when I read your paper that the
prosecutor had succeeded in his appeal when Judge
Datuk Muhamad Ideres Muhamad Rapee had struck out the
order of Judge Suraya.What is justice if justice means
sentencing a young man to 10 years in prison for an
offence that can be translated to be a moment of
passion which resulted in consensual sex between two
teenagers.If it was a case of an older man with the
minor I would understand the gravity of the
offence,but this was a young man barely out of his
teen.While we are safely in the comfort of our home
spare a thought for this frighten young man
languishing in prison for a crime he probably doesn't
even know.The law should show some compassion and
bring him home from prison. He simply don't deserve
the 10 years and five stroke of the rotan.Anybody who
can help this young man please do so.I am convince that
this young man got a poor deal.