Syrian convicted of kidnapping can return to family in West Bank

 

The Penang High Court has allowed a convicted kidnapper, Maher Karkazan, who lost his wife in a recent bombing, to rejoin his family displaced by the Israel-Palestine war. On the right is his lawyer, R Dev Chander.

GEORGE TOWN: A former member of the Syrian army was sentenced by the High Court here to five years in jail after he pleaded guilty to kidnapping a kebab shop worker in 2019.

Despite this, Maher Karkazan, 36, will be allowed to return to his home near the West Bank despite having served only four years and four months of the sentence after the remainder was remitted, the prosecution said.

When passing sentence, judicial commissioner Rofiah Mohamad said: “This is a unique case where the accused’s family is suffering mental anguish from a war with a neighbouring country”.

Karkazan was originally charged with the offence of abducting for ransom under Section 3(1) of the Kidnapping Act 1961. He would have been liable to the death penalty or a life sentence upon conviction.

However, he pleaded guilty today to a reduced charge of kidnapping Maher Kattan Mohamad, 22, on June 6, 2019 in Tanjung Tokong here. The new charge, framed under Section 365 of the Penal Code, carries a maximum seven-year jail sentence upon conviction.

“For the past four years, he (the accused) has been in mental torture, given the prospect that he would be facing the death penalty.

“Given that the accused has saved the court’s time, I sentence him to five years in jail with time served from the day of arrest,” said Rofiah.

A lesser charge was offered to Karkazan following representations he made to prosecutors, asking to be allowed to return home and reunite with his mother and two children. They are his family’s only surviving members following the recent spate of bombings by Israel.

During mitigation earlier, lawyer R Dev Chander told the High Court that Karkazan had lost his wife after his village was bombed.

Dev said Karkazan, a UNHCR cardholder, had relocated to Penang in 2012 and was a first-time offender.

He said the victim was tracked down by police less than four hours after he was abducted and his client had not received any ransom money.

The lawyer also said Karkazan was remorseful and had saved the court substantial judicial time by pleading guilty.

Dev asked that Karkazan’s detention in the prison in Jawi – where he has been held since his arrest on June 6, 2019 — be taken into account as time served.

He also asked the court to order the prisons and immigration authorities to process Karkazan’s deportation swiftly and to liaise with UNHCR for all necessary documentation.

“The accused wants to return to his hometown to be with his mother who has been displaced by the Israel-Palestine conflict,” he said.

Meanwhile, deputy public prosecutor Sariza Ismail asked for the court to mete out a seven-year prison sentence, citing precedents.

Following her ruling, Rofiah ordered that prison officials work with UNHCR officers to facilitate Karkazan’s immediate deportation home.

Karkazan was handed over to immigration officials outside the court immediately after proceedings ended. - FMT