Teenager who was 'bathed like a corpse' by mosque committees spared jail time
SHAH ALAM: Teen Daniel Iskandar who made headlines after being handed down an 'excessive' sentence by the magistrate's court has now been ordered to undergo a 120-hour community service instead.
This was after the High Court, here, today, set aside the 19-year old's initial sentence of 10 days in jail and RM4,000 fine for attempting to steal the donation box of the Al Islahiah mosque, two weeks ago.
Judge Datuk Abd Halim Aman made the order after considering the submissions made by the prosecution and the defence.
The judge replaced Daniel's original sentence with a compulsory community service for 120 hours at the mosque which will be carried out within six months.
In his decision, Abd Halim said as a young offender, Daniel must report to the Social Welfare Department (JKM) officers within seven days from today’s decision.
He said the teen must also follow a schedule that will be set accordingly for as long as the community service is carried out.
Failure to do so, he said, could land the teen back into the dock and handed down with his original sentence.
Abd Halim had also in his decision noted that the sentence meted by the Selayang magistrate's court was excessive as it does not come in a form of rehabilitation.
According to the facts, he said, the young offender had admitted to the offence since he was first hauled to court.
He added that although theft is a serious offence, the teen had just made an attempt to do so.
"I think an appropriate sentence is community service and not jail time.
"This will avoid him from interacting with the hardcore criminals (in jail)," he said adding that Daniel would not have been able to pay the fine and eventually having to serve time behind bars.
During the proceedings, deputy public prosecutor Norhana Sahat conducted the prosecution while Daniel was represented by lawyers Muhammad Rafique Rashid Ali, Fahmi Abdul Moin, Azman Abdullah and Ilyani Khszairy.
Daniel's case was called up for revision after his sentencing sparked a nationwide outrage with public calling for clemency in the case.
On Jan 13, the Selayang magistrate's court sentenced him to 10 days jail and a fine of RM4,000 for attempting to steal the mosque's funds.
Magistrate Nik Mohd Fadli Nik Azlan meted out the sentence after the teenager pleaded guilty to the offence.
Daniel was charged with attempting to steal the donation box from the Al Islahiah Mosque by dragging and hiding it in the body bathing room at the mosque in Kuang, Rawang here, at about 11.58pm on Jan 8.
The media had earlier reported that a viral video of a youth being bathed like a corpse by some mosque committee members for trying to steal from a donation box was being circulated on social media.
On Monday, Chief Justice Tengku Maimum Tuan Mat said the sentence decided by the lower courts could be reviewed by the High Court if it was found to be excessive or inappropriate according to existing laws.
