Former Inspector-General of Police Rahim Noor who has appealed against a two-month jail sentence imposed on him for assaulting former deputy prime minister Anwar Ibrahim will know his fate tomorrow when the High Court delivers its judgement.
The court will also rule on the prosecution's cross-appeal for a higher sentence.
Rahim's lawyer K Kumaraendran told malaysiakini today that he was expecting only a fine for his client and that "a jail sentence is inappropriate given the circumstances of the case".
He said he hoped his appeal against a jail term for Rahim will succeed, claiming to have made a good case based on points of law in arguing for the custodial sentence to be set aside.
Rahim was sentenced by the Sessions Court on March 15 to two months' imprisonment plus a fine of RM2,000 after he pleaded guilty to assaulting Anwar in the infamous "black eye" incident on Sept 20, 1998.
Anwar was at the time detained in a cell at the Bukit Aman police headquarters.
Reduced charge
Rahim pleaded guilty after being offered a reduced charge under Section 323 of the Penal Code which carries a maximum sentence of one year's jail or a fine of up to RM2,000 or both.
Under the original charge of attempting to cause Anwar grievous hurt, Rahim could have been jailed for up to three-and-a-half years.
Rahim was charged with committing the offence on the day Anwar was detained by punching him on the forehead and slapping him several times.
Rahim resigned as IGP in January 1999 to take responsibility for the assault but only admitted in March that year to a commission of inquiry that he was personally responsible, saying he was provoked after Anwar called him "the father of dogs".
He is appealing against the two-month jail sentence claiming that it is too severe.
Appeal delayed
Rahim's appeal hearing has been postponed a couple of times due to his ill-health.
When the appeal first came before justice Nik Hashim Nik Abdul Rahman on June 26, Kumaraendran informed the court that Rahim was suffering with "acute exacerbation of bronchial asthma".
The matter then came before justice Zulkefli Ahmad Makinudddin on Sept 18 and on that day, the court was told of Rahim's "sudden admission" to hospital with chest complications.
The appeal was finally heard by Zulkefli for two days beginning Nov 10.
Kumaraendran had submitted that Rahim had delayed admitting his guilt as he did not want to add to the tense situation in the country at that time and to prevent further damage to the credibility of the police force.
"He also did not want to give politicians further mileage to discredit the government and Prime Minister Dr Mahathir Mohamad," said Kumaraendran adding that the sentence was wrong, inappropriate and manifestly excessive.
Kumaraendran also argued that Rahim should not be left to leave the court "with a burning sense of grievance, feeling that he has been treated differently, because of his standing as the former IGP."
Deterrent sentence
During the appeal, Anwar's counsel, Karpal Singh had requested to make a submission but this was rejected by Zulkefli.
Zulkefli held that allowing Karpal to make a submission would jeopardise Rahim's right to a fair hearing.
He, however, allowed Karpal as a "friend of the court" to address it to which Karpal then said that based on the facts of the case, a custodial sentence on Rahim was appropriate.
Deputy public prosecutor Salehudin Saidin told the court that a heavier deterrent sentence should be imposed on Rahim.
"The offence committed by him is a very serious one and has tarnished the image of the police force," he said.
"Only a jail term can prove the seriousness of the offence committed by the appellant. If our submission for a longer jail term is not accepted, we at least hope that the court will maintain the present sentence meted out," said Salehuddin.
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[#1]Former IGP ill, appeal put off[/#], Sept 18 [#1]Anwar's counsel applies to submit in former IGP's case[/#], Nov 10 [#1]Rahim delayed guilty plea for various reasons[/#], Nov 10 [#1]Judgment day for Rahim's appeal set[/#], Nov 11