KUALA LUMPUR, MALAYSIA - The intention of a judge to personally cane an offender is not appropriate, the Malaysian Bar Council said. Its president Ragunath Kesavan said this was because a judge could not play the dual role of judge and executioner.

In addition, he said, the judge was not trained to use the cane.

"We have the men to do the job, thus we do not need a judge to mete out the punishment," he said.

Ragunath said even though Section 293 (1) (c) of the Penal Code allowed for caning to be meted out in a court by a judge, it should not be done.

"What will happen when there are judges who want to implement the capital punishment of hanging in the court?

"The Bar Council is of the view that this is a serious breach of legal process as the judge is seeking to take over the role of meting out punishment," he said.

On Friday, Sessions Court judge Zainal Abidin Kamarudin, in passing sentence on Muhammad Syafiq Abd Wahab, 20, for robbery, said he would execute the punishment of caning 10 times at the court premises on July 15. In addition, Muhammad Syafiq was ordered to do 200 hours of community service.

Zainal also ordered Syafiq's parents to be present on July 15.

Syafiq was charged with robbing student Muhammad Fitri Muhammad Zamzuri, 16, of his identification card and handphone using a knife, behind the Cheras football stadium at 1.30am on Nov 16 last year.

Meanwhile, senior lawyer Karpal Singh said the move did not have judicial authority.

He said although Section 293 (1) (c) of the Penal Code allowed the judge the jurisdiction of meting out the punishment, the mode of executing such a sentence was provided for under Section 288 (4) of the Code where the whipping is to be inflicted with a light rotan.

The senior lawyer said the sessions court judge's act would clearly infringe the doctrine of separation of powers if he were to carry out the punishment himself.

"A judge imposes a sentence. It is the executive which carries out the sentence.

"The impartiality expected of a judge cannot be compromised by his descending to carry out the sentence," Karpal said.

He said the punishment could be carried out by some other court official designated for the purpose.