updated version Former Inspector-General of Police (IGP) Abdul Rahim Noor will go to jail today after the Court of Appeal unanimously dismissed his appeal against a two-month jail sentence imposed on him by the Sessions Court for assaulting ex-deputy premier Anwar Ibrahim while in police custody.

The three-member panel, which ruled that the sentence take effect immediately, also upheld the appeal by the prosecution against the High Court's quashing of his RM2,000 fine last year.

In reading out the court's judgment, Justice Shaik Daud Mohd Ismail said, "Being the highest ranking officer in police force, the appellate should have been the role model to the force. What he did was inhumane and despicable, to say the least."

The judge defended the initial ruling of the case by the Sessions Court, adding that the Sessions Court had considered the appellate's previous contributions to the police force and the country and as such the High Court should not interfere in its discretionary judgment.

"Just because the Sessions judge did not explain the fine, it does not mean the fine should be quashed. There is nothing wrong with the sentence of a two-month imprisonment and a RM2,000 fine," said the judge.

Immediately after the decision was delivered, Rahim was taken away in a police car for a medical check-up in the National Heart Institute.

An official from the institute told AFP that the former police chief had been receiving out-patient treatment at the institute for his heart ailment.

Rahim was sentenced by the Sessions Court on March 15 last year to two months' imprisonment plus a fine of RM2,000 after he pleaded guilty to assaulting Anwar in the 'black eye' incident on Sept 20, 1998.

Anwar was at the time detained in a cell at the Bukit Aman police headquarters in Kuala Lumpur. Under section 323 of the Penal Code, Rahim could have been jailed for a maximum of one year, or fined RM2,000, or both.

However, Rahim later appealed to the Kuala Lumpur High Court against his jail sentence and the fine. The High Court on Dec 15 last year upheld the jail term but struck off the fine based on the grounds that it was 'inappropriate'. Rahim was granted a stay of execution on the jail sentence pending his appeal to the Court of Appeal.

'Worst act'

The hearing at the Court of Appeal this morning were conducted by justices Shaik Daud, Mohd Saari Yusoff and KC Vohrah.

Rahim was represented by defence counsel K Kumaraendran and V Sithambaram while the prosecution was by deputy public prosecutors Salehuddin Saidin and Dzulkifli Ahmad.

After the ruling, Kumaraendran told malaysiakini that his client would not appeal to the Federal Court as there was no such provision under the law.

Shaik Daud said the court had carefully taken into consideration the interests of both appellate and the complainant and that of the public, adding that Rahim's assault on Anwar was the "worst act of indiscipline".

"In the interest of justice, it is often forgotten that it also means in the interest of the community. The court should strike a balance between the interests of the accused, the victim and the public," he said.

On the submission by the defence counsel that Rahim was provoked and his act was on the "spur of the moment", the judges questioned whether it was a spontaneous or deliberate act based on what was done to Anwar before he was physically assaulted.

"The person arrested was ordered to be blind-folded and handcuffed to the chair. We cannot fathom why was this necessary in the lock-up," he said.

Shaik Daud also wanted the subordinate courts nationwide to take note of the sentence and impose stiff penalties on police officers who abuse their power.

"We would like to take this opportunity to remind the lower courts to take police assault on members of the public, and more so people arrested, seriously, by coming down hard on them," he said.

Similar strain

Earlier, both defence counsel and prosecution submitted on cross appeals. Kumaraendran told the court that his client was suffering from "stress and strain" due to the domestic political upheaval at the time he assaulted Anwar.

However, Justice Shaik Daud questioned him, "Don't you think the prisoner (Anwar) suffered a similar strain?" He added there was no evidence of provocation on Anwar's part in the report prepared by the Royal Commission of Inquiry into the assault on the jailed politician.

Kumaraendran also said his client was "remorseful" and therefore "had resigned from the top post in the police force".

"The stigma and humiliation that followed from the case will be enough to punish him for the rest of his life. In fact, he punished himself even before he was punished," said Kumaendran.

"Under the law, the jail sentence may cause him to lose his pension, which is what everybody looks forward to receiving upon retiring from the service," he added.

At this juncture, Shaik Daud replied, "It is precisely for this reason why such a penalty is imposed, to make government servants think ahead before they commit any offences. We have people coming to court telling us that they have aged mothers, aged fathers or six little children at home. Why didn't they think about their families before doing anything?"

Salehuddin said in his submission that Rahim's offence was serious and the sentence was appropriate as the appellate not only inflicted injuries on a defenseless person while on duty, but also humiliated Malaysia after the infamous 'black eye' incident received wide international media coverage.