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Rahim pleaded guilty, judge to announce sentence tomorrow

Former police chief Abdul Rahim Noor's much awaited trial ended in half a day when he pleaded guilty this morning on an amended charge for "causing simple hurt" against sacked deputy prime minister Anwar Ibrahim when he was held in police custody on Sept 20, 1998.

Sessions Court judge Akhtar Tahir will be announcing the sentence on Rahim tomorrow.

When his trial began this morning, the prosecution amended the charge against Rahim from one under Section 325 of the Penal Code, that was to be read with Section 511, to Section 323 which carries a jail term of up to one year and a fine of up to RM2,000 or both.

The original charge carries a jail term of three and a half years and a fine upon conviction.

Anwar's lawyer Karpal Singh said the amendment is "unfair" as the original charge was recommended by the Royal Commission of Inquiry that was set up to probe into the assault following a public outcry.

Karpal, holding a watching brief for Anwar, was prevented by Akhtar from submitting on the amended charge.

Rahim's counsel K. Kumaraendran told reporters the charge was amended primarily because the injuries sustained by Anwar did not fall under the ambit of "grievous hurt" in law.

"We felt the Royal Commission's recommendation might not be appropriate," he said.

Under the Penal Code, "grievous hurt" is described as emasculation, permanent deprivation of eyesight or hearing, disfiguration of the head or fractures or dislocations to the bones.

Anwar, after his arrest, appeared with a black eye in court and said he was beaten in police custody. A doctor who testified at the enquiry said the blows to the head were "potentially lethal".

The original charge, recommended by the enquiry commission, was adopted by the Attorney-General Mohtar Abdullah. Kumaraendran today said Mohtar later allowed the amendment as he agreed the injuries sustained by Anwar were not "grievous hurt".

In their mitigation plea for a minimal sentence, Kumaraendran urged the court to take into account Rahim's excellent and loyal service to the force, King and country.

"As a public servant, the accused served the country wholeheartedly for 30 years," he told the court.

Kumaraendran also said Rahim was under tremendous pressure on the night of Anwar's arrest due to the political tension in the country. Prior to his arrest, Anwar had led 40,000 supporters to Merdeka Square in downtown Kuala Lumpur in protest of Prime Minister Mahathir Mohamad's rule.

The federal capital was swarmed with anti-riot police who used tear gas and water cannons against the gathering which later marched toward Mahathir's official residence.

"There was the likelihood of imposing a curfew and the accused was responsible for the peace and security in the country," Kumaraendran submitted.

He also said Rahim suffered "great humiliation" for the last 18 months and is "even more remorseful for having hit a friend (Anwar)".

"He (Rahim) admits it, regrets it and thought about it for 18 months. If humanly he could have undone it, he would have," Kumaraendran said.

The prosecution, meanwhile, submitted that the court should impose a jail sentence on Rahim as the offence committed by the former police chief is considered "very serious".

Deputy Public Prosecutor Sallehuddin Saidin pointed out that Anwar, handcuffed and blindfolded, was defenceless when he was assaulted by Rahim.

"He abused his powers and failed to uphold his responsibilty as the custodian of the law when he acted according to his wish," Sallehuddin said.

He also submitted Rahim did not own up to the assault even during the four-month police police probe. Rahim, on Jan 8 last year, assumed full responsibility and resigned from his government post. Rahim, at the enquiry commission, admitted he slapped Anwar twice.

"If this court fails to impose the sentence, it will further erode public confidence on the country's judicial system," Sallehuddin told the court.

Rahim, dressed in a grey suit, remained sullen throughout the proceedings. Appearing uneasy, he kept folding and unfolding his hands. Rahim, a University Malaya graduate in Economics, was accompanied by three bodyguards. Attempts to speak to Rahim were futile as he left quickly upon adjournment.

One-time heir apparent Anwar currently serves a six-year jail term for abusing his political power and stands trial for a separate charge of sodomy and sexual misconduct. Anwar has repeatedly denied all charges and says they were cooked-up to topple him from power.

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