Court Rejects Early Release Of HIV Prisoners
By Rol Ezam

Bandar Seri Begawan - There is no way that two Thai pimps with HIV will be heading for home any sooner.

That was the verdict Judge Datin Hayati passed when the Deputy Public Prosecutor Shamsuddin Haji Kamaluddin tried to send them back to Thailand now because of their medical condition.

She told the court that the "Public Prosecutor must show that there was incorrectness, illegality or impropriety in the sentence or irregularity in the proceedings before the magistrate to justify the exercise of any of the powers."

Judge Hayati made these remarks when she dismissed an application the Deputy Public Prosecutor Shamsuddin Hj Kamaluddin made applying to shorten the prison sentence of two Thai nationals, found HIV positive by Dr Telesinghe, a Special Pathologist from RIPAS hospital who carried out a blood test on them.

The doctor informed the Director of Prisons, who wrote to the Public Prosecutor to consider applying for a revision of the sentence to enable the two prisoners to be repatriated immediately to their country of origin in the interest of other prisoners.

"I fully understand the concerns raised by the Prisons Director in the interest of the other prisoners. I am informed that the defendants are receiving medical attention but I know not if there are other precautions taken to alleviate their other concerns," the judge said.

"Though in this application, it has not been provided with any reasons. Indeed, there was no appeal against any of the sentences either by the defendants or the Public Prosecutor."

The defendants, Somphong Thonusawang and Thongnak Sophom were convicted on their own guilty pleas of two charges for hiring two women to be used for prostitution in Brunei and two charges of living in part on the earnings of the two prostitutes.

Somphong was sentenced to 2 years' jail and 2 strokes of the cane, while Thongnak was also sentenced 2 years in prison.

The earliest date for their release as assessed by the prison authorities is March 20.

Both committed the offence sometime in 2001. (Courtesy of Borneo Bulletin)

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