SHAH ALAM: The High Court today set aside the 10-day jail sentence and RM4,000 fine on a teenager who stole money from a mosque and hid it in the mortuary.
Judge Abd Halim Aman said the sentence on Daniel Iskandar, 19, would be replaced with compulsory community service at the mosque for 120 hours over six months.
The case gained national attention after a video emerged of the boy being subjected to punishment at the hands of an imam after being caught. Daniel was washed like how a corpse would be before burial, which critics said was akin to waterboarding.
The boy had earlier been charged at the Selayang magistrates’ court and had pleaded guilty to charges under Sections 380 and 511 of the Penal Code.
He was accused of stealing from the Al-Islahiah Mosque in Kuang, Rawang, at midnight on Jan 8.
Prior to his sentencing, Daniel’s defence counsel Azman Abdullah had appealed for the court to impose a lenient sentence, citing the teen’s difficult family situation and the depression he had suffered as a result of the video going viral.
“The court is aware of the jail term served by the accused for 10 days and the RM4,000 fine that has been paid,” said Halim in delivering his decision.
He said his decision was made based on Daniel’s age and potential to have a good future and his lack of any prior criminal offences.
The fact that the mosque was able to recover the money was also taken into account.
“For the sake of the future of the accused as well as for him to have a clean criminal record, several orders have been decided.”
Halim said Daniel must report to a welfare department officer within seven days from today’s decision.
He also said that for as long as the community service is to be carried out, the teen must attend according to a schedule that will be set.
Daniel’s lawyer today, Muhammad Rafique Rashid Ali, thanked Halim and said the court had used its discretion appropriately.
He also praised the court’s decision to advise the mosque to apologise to Daniel for the way they had punished him.
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