Updated version Former police chief Rahim Noor's two-month jail sentence imposed by the Sessions Court for beating up former deputy prime minister Anwar Ibrahim was today upheld by the Kuala Lumpur High Court which dismissed Rahim's appeal, saying the offence was a serious one and that police brutality would not be tolerated.

Justice Zulkefli Ahmad Makinuddin, however, quashed the Sessions Court fine of RM2,000 imposed on him saying that it "was inappropriate".

"The Sessions Court judge had failed to give the reasons in imposing the maximum RM2,000 fine," said Justice Zulkefli.

Zulkefli allowed Rahim's application for a stay of execution pending an appeal to the Appellate Court.

Prosecution's cross-appeal dismissed

The cross-appeal by the prosecution that the sentence against Rahim be enhanced was also dismissed by Zulkefli.

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 at about 10.45pm on Sept 20, 1998.

Anwar was at the time detained in a cell at the Bukit Aman police headquarters.

Rahim had pleaded guilty to a reduced charge of assault and was convicted under Section 323 of the Penal Code which carries a maximum jail term of one year or a fine of 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.

In his 22-page judgment, Zulkefli said the two months custodial sentence was an appropriate one based on public interest and the gravity of the injury caused to Anwar.

He said that Rahim's assault on Anwar was not acceptable and should not have happened to Anwar who was in police custody.

Assault not justified

"Even if Rahim was insulted as ' Bapa Anjing ' (father of dogs) by Anwar, this could not justify the assault," he said.

Justice Zulkefli said in dismissing the appeal, that he had also considered the fact that Rahim had instructed his men to blindfold and handcuff Anwar before the assault.

"Rahim had abused his position as the Inspector-General of Police in this matter. Anwar was also defenceless at that time.

"The assault only stopped after Rahim was pulled away from Anwar by other senior police officers," he said.

Zulkefli said that Rahim, being the police chief, should have controlled his emotions and should not have involved himself in the matter.

'No' to police brutality

"We must realise that police brutality on those under detention is unacceptable. Such acts will bring the country and its police force into disrepute and discredit," he said.

Accepting that Rahim was a dedicated and excellent servant of the country, Zulkefli said that nevertheless the former police chief's crime was a serious one.

The Sessions judge rightly described Rahim's actions as cruel and ruthless, said Zulkefli, adding that the sentencing was to act as a deterrent to the police to refrain from abusing their powers.

Justice Zulkefli also included Anwar's medical reports on the assault in his judgment which stated that Anwar had suffered injuries probably caused by being punched on his left forehead, head, back of neck and right upper arm.

The report also stated that Anwar suffered a laceration on his upper lip, which could have been caused by slapping.

The report added that Anwar was also hit "by a blunt object at least four times on the head and neck, and slapped at least twice."

Rahim was represented by K Kumaraendran while the prosecution was represented by deputy public prosecutor Sallehudin Saleh. Counsel Karpal Singh held a watching brief for Anwar.