I agree with these lawyers,
Absurd to jail man 1,050 years for rape, say lawyers
excerpts;
1. “The judge has ignored the sentencing principle on the accused charged with multiple counts of the same offence. It is ridiculous as that amounts to imposing a natural life jail term,” he told FMT.
Sivananthan said this was a fit and proper case for a High Court judge to immediately review the matter to prevent miscarriage of justice.
2. Lawyer V Vemal Arasan said the judge should have allowed the accused time to engage counsel from the National Legal Aid Foundation to mitigate his crime.
“A counsel would have enlightened the court on the sentencing principle and urged the court to have the jail term run concurrently.” he said.
3. Lawyer Muhammad Rafique Rashid Ali said that in 2008, a three-member Court of Appeal bench led by Suryadi Halim Omar had asked trial judges to use established legal principles and logic before sentencing accused persons.
I know, people, including the High Court judge were upset over what the guy did, but that should not be the reason to make our judicial system looks weird like that.
No matter how guilty someone is, he/she shouldn't be sentenced like that and even more without even being represented by a lawyer.
It's a clear case of why we need the appellate court system.
A single judge deciding on a case shouldn't be a sure way for justice to be done.
The judge could be partial against or for the accused, maybe due to being angry about what he/she had done or due to personal reasons.
For instance, a judge may sentenced a politician to a long time in jail for corruption maybe because he/she does not like that guy's party or even just his face.
So, to make sure that doesn't happen, we have the Court of Appeal and Federal Court to get more learned and senior judges to check on that lower court judge's decision.
We do need this as Malaysians tend to judge someone a bit too fast.
Just because one group of politicians said another group of politicians are bad, we decided to change a government and get rid of the whole bunch, including the good ones from the accused group.
It turned out, the accusing group of politicians are as bad or even worse.
And unlike the courts of our judicial system, the court of public opinion doesn't have an appeal system.
We have to live with the outcome of our decision till the next general election....that is if there is a new free and fair election anymore lah.
Who knows, maybe the new bunch of politicians in power just decide "for the good of the nation" there should not be an election as we know it anymore.
To make it easier to manage the country, they would say. Like in China or North Korea.
Well, if you all make too much noise over it, they will just declare an Emergency. End of story.
Sigh.
Eh, don't think too much and get depressed. Listen to this nice song instead,
Ciao.
By the way Annie, saya tetap berpendapat setiap keputusan penghakiman wajar dihormati tidak kira walau dari Mahkamah Sesyen sekalipun.
ReplyDelete2. Lagipun, kita ada due process iaitu Mahkamah Tinggi, Rayuan dan Persekutuan.
3. Yang paling penting, kita wajar hormati setiap keputusan penghakiman yang dibuat oleh mana-mana cabang mahkamah
The need to not be hasty and emotional?
ReplyDeleteTell the gomen lah.
Now they are barking at all if us for not following SOP, konon.
THEY don't follow SOPs!!!
What do the judges say about Ministers?
And the D-G is going to have jilat back his own spit when he said MCO will last "4 weeks, max".
A Standard Five student could have told you it's bullshit.
Zero effect.
EVERYTHING IS OPEN LAH, BODOH.
There are traffic jams on the roads, just like normal.
MCO pale otak hang.
Useless gomen.
True saudara/saudari.When they fail to come out with a workable solution to the problem,they divert our attention to the foreign workers and now to increasing the punishment to us for SOP non compliance when you can see 90+% of the people are complying.Looking at the graph of covid 19 we can clearly see that jump in the cases started when they conducted the free for all election in Sabah and when they uplifted the interstate travel in December.All the faults are ours and none came from their poor plannings.
ReplyDeleteCorrect.
DeleteThat power grab by Pagoh / Larut / Si Kitol Kunyit is what started the spiral.
We were under control until then.
What the heck is TT wanting to tell the world in his latest memoir? Spilling the beans here, giving the game away there. What is his main objective? If he tries to use this tactical gambit so as to sell his book like hot cakes, well, he has surely achieved his goal. All the big bucks are coming his way. Hailing as an ex-AG and a DAP appointee, he has become the party's new proxy to smear whatever dirt on whomever his master asks him to do. Why pinning down just on Mahathir but making no effort on mentioning LGE's dropping charges at all? A clear-cut ulterior motive.
ReplyDeleteHis secrecy oath taken and signed in front of His Majesty Agong is nothing more than a piece of scrap paper. To him it is just another formality. That’s the reason why you couldn’t just simply put a lawyer from private practice to become an AG.
DeleteHe opined the Malays opposed to his appointment due to his race. The actual reason of their opposition due to the fact he never served a day in AGC throughout his legal career. A major handicap to do his job properly without a stint in government service. I’ve heard the palace gave a few names of the top legal mind in the country from Chinese and Indian descents to be appointed as AG but rejected by PM at that time.
Another one is that he simply couldn’t speak and write properly in Malay. Born and raised in Malaysia but couldn’t string a single sentence in Malay language properly? Then how on earth he will go about to do his duty reading those and grasped thousands of legal documents written in Malay coming into his office? Let alone performing his official duty in his capqcity as AG which requires him to speak and give adress in Malay? Imagine being appointed Attorney General of Great Britain but couldn’t speak and write properly in English. Not gonna happen in thousand years.
Dear 14:17,
DeleteWell-versed piece. The disgrace of an AG in Malaysia history. As the days ensue, more people are coming out to take actions against him. I doubt if he really understands the content of the oath as it was in BM. Just can't stand the wretchedness of his unprofessional conduct. Go to hell with his bombastic memoirs lah.
i belief tht guy got sentenced heavily anyway like for life or something. So the 1050 years would have just been a way to convey the gravity of the crime comitted. Arent u guys understimating the judge a bit much. Of course the guilty wouldnt live till 1050. Tht news didnt suprise me cause thts how i took it to meant.
ReplyDeleteBut i sense tht annie dont really care about the case. Shes more interested to talk about politics instead. Annie starts to be more like outsyed it seems.