For stealing milk to feed daughter, ex-soldier slapped with jail

The case of a former soldier who is sentenced to jail by a magistrate's court has again brought to attention the question of whether Malaysian courts have sense of equitablity and mercy when meting out their judgements.

While the recent debate on whether judges should be given discretion in ruling on statutory rape cases so that no party is victimised led to strong reactions from the legal community, other controversial judgements on petty theft involving the poor and those who are desperate in making ends meet only evoked 'mixed responses'.

In the latest case, Senior Assistant Registrar Jesseca Damis of the Kuantan magistrate's court sentenced former soldier Mohd Sobir Kashim to three months behind bars for stealing a packet of milk worth RM21.99 from a supermarket during the recent Deepavali public holiday.

Sobir, who pleaded guilty, said he stole the 'Anlene Gold' milk, so that he could sell it to get money to buy food for his daughter.

Far from showing sympathy, Jesseca instead described the act as "serious", even saying that Sobir should not have committed the offence because "you are a former soldier".

Who's really guilty?

Giving his view, exiled blogger Raja Petra Kamarudin spoke of the ideal scenario if the case had been judged in the spirit of Islam as the religion of the federation and against a backdrop of the powers and responsibilities of state Islamic departments.

"Now, in Islam, the soldier should have been asked why he stole that packet of milk. And this is what the news report said.

"Once that soldier makes this declaration, the judge should have summoned the Kedah Religious Department, which comes under the PAS-led Kedah State Government, to go to court to explain why a soldier who has served his country at a great risk to his life should be in a situation where he has to steal something worth RM22 to feed his daughter," wrote Petra on his Malaysia Today blog.

Sobir hails from Padang Serai, Kedah.

Petra added that if Sobir's claim was proven true, he should instead be put on monthly welfare allowance.

"If the Kedah Religious Department still fails to look after the welfare of the soldier and he has to continue to steal to feed his daughter, then the Director of the Kedah Religious Department should be sent to jail instead.

"If you steal out of greed then you pay for that crime. But if you steal out of necessity then the authorities must be punished instead. That is how Hudud works, although Malaysia does not implement Hudud," Petra continued.

Petra , who is a member of the Selangor royal family, also took to task the Malay rulers, some of who are "colonels-in-chief of the various branches of the Armed Forces".

"Yes, every year we celebrate ‘heroes day’ to remember all those so many soldiers who died for their country. Then we send the not yet dead soldier to jail because he had to steal to feed his daughter. We honour the dead and jail the living," Petra said in his hard hitting comments, adding that the case also made nonsensical the argument that only non-Malays were oppressed while Malays "get all sort of benefits".

During his policy speech for the 58th PAS Muktamar yesterday, PAS president Tuan Guru Abdul Hadi Awang had also touched on the welfare of army veterans.

Hadi said army veterans foundations and organisations such as the Armed Forces Fund Board and Syarikat Perumahan Angkatan Tentera (SPAT) would be given boost in resources under a Pakatan Rakyat Federal government.

"All these are to secure the welfare of military personnel and the families of veterans, apart from a commitment to provide educational assistance for life to military personnel, their widows and their dependents," said Hadi.

-Harakahdaily