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Fairness Of Court Judgements Come Into Question
ABU’s SEAT, MMT and CPT need you. We know you are with us in heart and spirit. ...
Another Attempt to Intimidate Lawyers
Chua Jui Meng : You have Kisses the Hands of Umno Leaders For Crumbs For 35 Years Long

Fairness Of Court Judgements Come Into Question

Posted: 20 Oct 2012 11:11 AM PDT

They say the law is an ass. Looking at some of the judgements being passed by our Courts, maybe some of the Judges are asses too. There must be consistency and fairness in how sentences are meted out.

Yesterday the case of the two Indonesian brothers (who are only 22 and 20 years old) who were sentenced to hang for causing the death of a violent robber who broke into their room and then attacked them attracted my attention. I thought it was strange (and grossly unfair) that the victims of a violent robber who were startled from sleep and had to defend themselves would be sentenced to death.

What were they supposed to do? Wait for the robber to kill them first?

First here is a gist of the story from The Star.

Gallows for killing burglar

SHAH ALAM: Two Indonesian brothers sent to gallows by High Court after found guilty of murdering burglar.
Frans Hiu, 22, and Dharry Frully Hiu, 20, were charged with common intention in the murder of 26-year-old R. Khartic at a shophouse in Sepang on Dec 3, 2010.
witness saw Khartic break the back entrance after he failed to break front door.
entered ceiling and fell into room where brothers and co-worker sleeping.
The burglar then attacked the men
Frans overpower Khartic by gripping him from behind until he stopped moving.
After realising that Khartic had become still, the brothers ran out of the unit.
In her brief judgment, Justice Nurchaya Arshad ruled that the prosecution had successfully proven the case beyond reasonable doubt and sentenced the men to death.
The brothers were the only ones who testified in their own defence.

What is the meaning of - "in her brief judgement"? How brief is brief? Two human beings are being deprived of their lives. I certainly hope the Court gave more substantial consideration than just a 'brief judgement'.

Then today it was more encouraging to read that a few organisations had spoken up against this sentence of death. We thank Allah that there are people who have more conscience in our country. Again here is The Star :

Groups: Review death sentence

PETALING JAYA: groups calling for judicial review death sentence on two Indonesian charged with killing burglar.
National Crime Prevention Foundation vice-chairman Tan Sri Lee Lam Thye said the sentence was too extreme
implications on the way people react to their own personal safety and security.
Lee said incident involved illegal entry into building motivated by criminal intent.
"normal for the occupants to react spontaneously to intruder who pose danger to them,"
Bar Council VP said death sentence unwarranted.
"People have a right to self defence in life-threatening situations,"
Gasing Indah Rukun Tetangga chairman Eric Chew described judgment as shocking. "People right to self defence has now come into question."
TTDI Resident Association chairman Mohd Hatim Abdullah said a judicial review was necessary in view of the need for self-defence.

I agree with Tan Sri Lee Lam Thye, the Rukun Tetangga people and the VP of the Bar Council. It is quite ridiculous. Why were they even charged with murder in the first place? This was self defense. Where was the premeditation (mens rea?) to commit murder or to kill someone?

The three guys were inside their room. A burglar tries to break in, first through the front door, then through the back door. He finally climbs through the ceiling and falls into the room. There is so much determination - the burglar really wanted to break in. Then he attacks the three occupants of the room. One of the occupants runs away. The other two defend themselves, there is a struggle, a fight and the robber dies. Now the robbery victims are sentenced to death?

ABU’s SEAT, MMT and CPT need you. We know you are with us in heart and spirit. ...

Posted: 19 Oct 2012 11:24 AM PDT

I was filling petrol at a station yesterday afternoon.

At the filling bay immediately in front, was a young man who was also filling up petrol, who kept looking at me.

"You're ABU, right?", he said, smiling.

I laughed.

Here we go again.

"No, I am Haris. I work with ABU", I clarified.

"Aiyah, same thing, lah", he shot back.

I shook my head, still laughing, got into the car, waved, and drove off.

This happens from time to time, I suppose, because, aside from myself, hardly anyone else takes a front line and public position for ABU.

No, I'm not complaining, but just stating it like it is.

The truth, though, is that, just like any other serious initiative, the success or otherwise of the ABU push to see a regime change at Putrajaya post the 13th GE hinges on the unavoidable need for this.

A strong, dynamic, well-equipped and ably manned engine that operates and functions, like that in a well-maintained high-precision motor vehicle, silently and unnoticed.

SEAT?

That's our Strategic Evaluation & Advancement Team.

You know the material that should be coming out soon in relation to issues 2 and 3 that I mentioned in my 'Ops Raya Haji' post?

Credit that to SEAT.

MMT?

Our Media Monitoring Team.

CPT?

The Counter Propaganda Team.

These are just a few of the teams that make up the ABU engine. I've not mentioned the others for obvious reasons.

And each day, as we draw closer to GE13, whenever that may be, and factor in information we continue to receive from allies and ground operators, there is an ever-increasing need to set up new teams to undertake new tasks so that the engine can carry this effort into overdrive.

At the secretariat, we are stretched.

We desperately need more hands and minds.

We need as many of you to help us man this growing engine.

And like those manning the existing teams, you'll work silently and unnoticed.

Good at writing in English, Malay and Mandarin?

We desperately need you.

You do great graphics?

Our media people need your help.

You are active in social media?

We need you in great numbers.

Whatever your skill, we have work that you can surely assist us with.

Another Attempt to Intimidate Lawyers

Posted: 18 Oct 2012 01:15 PM PDT

The following is a press release issued by the Malaysian Bar, originally published here.

The Malaysian Bar is concerned to learn that Chan Weng Keng, a lawyer acting for SUARAM, was recently served with a written order by the police to produce documents relating to SUARAM, which is being investigated by various authorities. The Malaysian Bar is perturbed that, once again, the police seek to act in disregard of the well-established legal principle of solicitor-client confidentiality, and tocontinue to harass lawyers and obstruct the ability of a Member of the Bar to execute his professional duties effectively.

Such action by the police is oppressive, and constitutes blatant intimidation. It is an intolerable incursion on the independence of the Bar and a severe interference with a lawyer's obligation to advise and act for clients without fear or favour. In addition, such behaviour is an appalling and unacceptable intrusion into a solicitor-client relationship, and makes a mockery of the fundamental principle of solicitor-client confidentiality by which lawyers are bound. It shows a grave lack of respect for the criminal justice system, as the solicitor-client privilege lies at the core of this system.

In this instance, a perception has been created in the public's mind that the application of resources into, and the timing of, the investigations of SUARAM, as well as the mobilisation of various agencies in a concerted manner, is due to SUARAM's efforts to have the Scorpene affair investigated, albeit in France. Contrast this with the dearth of investigations by the same Malaysian agencies into the alleged Scorpene affair and Malaysian entities involved. This selective application of resources and legislative provisions, and the clear abuse of our criminal procedure rules will, in the long term, undermine respect for the system of law and order, and damage the proper administration of justice, in this country.

The Malaysian Bar is also deeply troubled by the pattern of recurring incidents — involving enforcement and regulatory authorities — of harassment of lawyers, and interference with their professional duties in representing their clients, including the sanctity of the confidentiality of the solicitor-client relationship. This harassment must stop if we are indeed committed to the principle of access to justice and to the rule of law.

Chua Jui Meng : You have Kisses the Hands of Umno Leaders For Crumbs For 35 Years Long

Posted: 18 Oct 2012 01:03 PM PDT

We cannot rely on MCA anymore as it has proven to be only a "Yes Man" party to Umno. They only know how to continue to kiss the hands of Umno leaders for crumbs. – Chua Jui Meng

1.You have been in MCA for 35 years and if it is true that your allegations MCA kisses the Hands of UMNO Leaders For Crumbs then you had been kissing them for 35 years of your life.

2.You are also both BN/MCA Malaysian longest serving Health Minister ( your crumbs ) that you had kisses for the last 35 years of your life. Almost half of your life and more than half of our country administration under BN you had kisses their hands.

3. Please do not use the word this is Your Country where this country belongs to all and it OUR country.

Sabah's RM40 million Musagate involving the state's timber revenue and Sarawak's multi-billionaire Taib Mahmud are two clear cases of super rich BN-Umno chief ministers who need not be accountable to their current wealth. – Chua Jui Meng

4. When you wanted to bring out about Sabah Musagate and Taib Mahmud issue then you should ask bring out your entire children is driving SLK ,Mercedez and list of luxury cars. Even being able to mingle around in 1 of the Malaysia most expensive night club regularly ( Bintang Palace ) that would easily cost at least a minimum of RM 20 000 per visit ( that is just the minimum ). Where did all their money come from if it is not from their father who had been the longest serving Health Minister in Malaysia ?

BN-Umno leaders and their cronies can continue to tell us, the Chinese, to Balik Tong San (Go back to China), but I will not. – Chua Jui Meng

5. Is a great accusations to claim that UMNO leaders ask Chinese to go back to China where in reality it was UMNO who are generous in giving Malaysian Chinese our Citizenship. PAS call the Chinese including you as KAFIR and you are still happily working with them?

6. Why do Pakatan Rakyat have to play up all this racial sentiment?

That is why our economy is in tatters with the value of the ringgit shrinking fast (now at RM2.50 to S$1), cost of essentials and living rising and the people living in misery having to struggle to make ends meet daily – Chua Jui Meng

7. When you claim that our cost of living is high then why Penang government under Lim Guan Eng had increases the price of house by 3 times more ? What is not acceptable is about why Lim Guan Eng State Government and also Penang Local Council under DAP administration must impose the increase Why for commercial projects in Penang, the infrastructure contribution is increased from RM7 to RM21 per sq ft for every unit ? Why do infrastructure contribution charge from RM5 per sq ft to RM15 each for housing projects exceeding 15 units per acre in Penang ? Why do the the re-zoning fee had been increased from 25% to 50% on the difference based on the current value ?he fee is not only imposed by the Penang Local council in Penang but even the state government also charges the developer 50% on conversion of state-owned land ?

Malaysia is a blessed country with rich natural resources, including oil and gas, and the 26 million citizens should be reasonably comfortable financially. But they are not, especially the rural and urban poor. – Chua Jui Meng

8. Malaysia is among 1 of the lowest rate of poverty rate country in the world. So is not fair when you pointed out the facts where they are still poor people in Malaysian where every single party of the world including the United States , United Kingdom , China , Japan and whatever country you name it will be still having poor people around. I dont see how could Pakatan Rakyat could be so arrogant to claim that if power given to them then there will be automatically no longer having any more poor people around?

Ahad, 21 Oktober 2012

Malaysia Today - Your Source of Independent News

Malaysia Today - Your Source of Independent News

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