Jumaat, 19 Oktober 2012

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'Settlement' of Nazri's son's case is illegal & perverts the course of justice

Posted: 18 Oct 2012 12:59 PM PDT

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If a crime is committed, the perpertrator must be brought to court and duly charged. Under our legal system, crimes cannot be 'amicably settled'.

N. Surendran, VP Keadilan

I refer to the Home Minister Hishamuddin Hussein Onn's statement in the Dewan Rakyat on 18.10.12 that the assault case involving the son of Minister Mohd Nazri Abdul Aziz had been 'amicably resolved'. This statement shows blatant disregard by Hishamuddin for the due process of law and the integrity of our criminal justice system. It is unprecedented for the Home Minister to personally approve of such  'amicable settlements', which are against public policy and the rule of law. If a crime is committed, the perpertrator must be brought to court and duly charged. Under our legal system, crimes cannot be 'amicably settled'. Such a 'settlement ' could amount to an offence under section 214 of the Penal Code. By approving of the 'settlement', Hishamuddin may have abetted and connived in an illegal act. Was the investigation compromised simply because the case involves the son of a senior Umno minister? Further, what are the terms of this illegal settlement and did the settlement involve the police, Nazri Aziz or Hishamuddin? The public is entitled to know if the course of justice was perverted in this case. 

Most importantly, what was the outcome of the investigation upon Mohamed Nedim Nazri under section 160 of the Penal Code? While admitting that the matter was investigated, Hishamuddin deliberately does not say whether Nedim was cleared of the offence. Every citizen, no matter how high or low their social position, is equal before the eyes of the law; the security guard in this case has a right to fair and impartial justice. We call upon the Home Minister to make a full and frank disclosure of the real facts of the case and to re-open the investigation into this assault case.
 

A challenge to civilization: the ‘private’ on ‘public’ domain of human thought and feelings

Posted: 18 Oct 2012 12:54 PM PDT

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We have arrived on to a new space and time where what is private is challenged on the public sphere and what is public is accessed on a private space and time. It is an emerging experience of humanity's freedom and choice.

Terracotta

The on-going saga pertaining to the Alvin and Vivian sexually explicit debut on the social and new media is sending majority Malaysians scurrying to new heights and lows of arguments for and against the duo's act, respectively.

This episode is of significant interest in the wake of the Malaysian political crossroads that the country has locked itself into currently. It is equally timely given the Prime Minister's recent indication that governments must control the society's thinking in order for achieving progress.

Indeed, the Internet has become a defining medium insofar as civilization rates. Through the Internet and its many 'new age' features like Facebook, Twitter, etc. humanity is being challenged out in the open yet within the confines of our own private spaces – be it at home or at work or even at public places like cafes and WiFi outlets.

The debates for and against Vivian and Alvin is raging. It will certainly not find a confluence. But we need to reflect seriously about how the networked society is emerging and will eventually set the parameters within which humanity will be operating.

A defining benchmark we should not miss is the fact that this new age technology that forces our thoughts and feelings into the public domain called society still keeps our privacy intact as the access to these 'YouTube, Facebook, Twitter' mediums is strictly exercised out of absolute freedom and choice, sourced within our own private space and time and decision or choice.

If people google, source and read or view such sites like what the Alvin and Vivian space offers, what gives you that morally virtuous profile to condemn?

Likewise, when you have in your private space and time sourced, read and viewed such material, what gives you that morally high ground to promote such materials?

There appears to be a paradox here and this is what many non-thinking people are missing. The Internet is here to define the new meanings to freedom, choice, democracy, accountability and engineer a new culture. It is here to take humanity to new experiences and understanding of all that encompasses life – thoughts, words and deeds.

It is people like Alvin and Vivian who have become the 'new age' crusaders of thoughts and feelings, challenging our civilization's inventory of logic and emotions.  Where it will eventually deposit society is as illusive as how the Internet is developing and how the networked society is emerging.

But what is certain in this Alvin and Vivian saga is governments will be challenged; politicians will be tested; leaders will be tried in the public sphere; parents will be battered; religious leaders will be provoked and challenged – it is confrontation, a new conquest of humanity's thoughts and feelings.

We are arriving on a new plateau where civilization will be pressured to re-visit and re-write its philosophies. In all likelihood, this will be a trajectory experience – humanity's abandoning of the Socrates, Aristotalian and Platonic philosophies that have long been the basis of many thoughts and actions.

The use of draconian and antiquated laws to clip and clamp such ventures as those of the Alvin and Vivian saga will be run-over in time.

We have arrived on to a new space and time where what is private is challenged on the public sphere and what is public is accessed on a private space and time. It is an emerging experience of humanity's freedom and choice.

In fact this whole episode can be an immense learning opportunity for Malaysia's longest ruling political party too. So hopefully before any of our politicians attempt to open their mouth that often remains disengaged from thinking, better they think twice lah.

This is timely advice given the fact that Malaysia is being overwhelmed with the political marshes entrenched around the LGBT prioprity, sex-and-video sagas, and not forgetting the Sodomy trials.

 

Kredit: www.malaysia-today.net

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