A lawyer?

Is it any surprise that the witness asked if he was really a lawyer (see here).

But apparently, he is. He is a Deputy Public Prosecutor with over 20 years of experience!

Malaysia boleh!

Forced patriotism

It's gonna be the Independence Day celebration here in Malaysia soon. You'll be seeing the Malaysian flag all over the place, giving the impression of the spirit of patriotism.

Pic taken from The Star

But does it really reflect how the people feel? I would think most of the people who fly the flag are doing so not because they are patriotic. I have my reasons to think so. I for one will have to admit and confess that in all my adult life, i never felt the urge to fly the flag.

But there is now proof that some people are forced to fly the flag. Traders were told to fly the flag or lose their trading license!!!!! No kidding. You can read the report here.

I am told that this threat directive has been withdrawn. If it has, it still does not change the fact that we've got leaders who think in this manner!!!

I have to say that with all due respect, the Ipoh mayor has really lost the plot. What is the purpose of flying the flag? There are things which you cannot force people to do - for it would lose its meaning and be pointless. Like you cannot force someone to love you.

Missed the point!

But this is how it is in this country. If the leaders want the people to show their love for the country, they threaten the people!!!!!

Malaysia boleh!

Bullet

PJ Utara MP, Tony Pua received a death threat recently:-

Pics taken from The Malay Mail online

"Segambut MP Lim Lip Eng said police believed the threat could be over Pua's statement calling for the abolishment of the bumiputra discount for houses costing more than RM500,000 and commercial property costing more than RM2mil" (taken from The Star newspaper - read the report here).

If the police are right, then it is really sad. Such discounts are clearly acts of discrimination - some may say racism as it (arguably) considers people of a race more superior.

In our country, when someone speaks out against discrimination, they get a death threat.

Maybe i may get one too...

Malaysia boleh!

A note, a statement and many questions

How are you gonna justify this? (Pic taken from online)

I have reproduced here the statement made by the Attorney General and published in The Star today. I have also asked certain questions which i hope - but doubt - will be answered satisfactorily.

IN Teoh Beng Hock’s death inquiry today, the officers representing the Public Prosecutor, in assisting the said inquiry, intended to put in a note found in the deceased’s sling bag which contains an indication that may throw some light regarding his death.

However, the existence of the note was disputed on the grounds of delay in disclosure, failure to furnish a copy of the said note to the counsel representing the deceased’s family and suppression of evidence by the Attorney-General’s Chambers.

The Attorney-General’s Chambers vehemently denies any suppression of evidence (and) instead was equally startled when the discovery of the note was made known and thereafter caused further investigation to be carried out.

The Attorney-General’s Chambers was informed of the discovery of the note by the investigating officer, ASP Ahmad Nazri bin Zainal, on Oct 7, 2009, some two over months after Teoh Beng Hock’s death.

So at their own admission, they knew of this note for around 10 months (around 300 plus days) but only decide to reveal it NOW!!!! Why??????

According to the investigating officer, it was not found when he first searched the deceased’s sling bag after the incident.

Not found???? So how did it mysteriously and miraculously appear then? Why should we even bother about it?

The note was immediately translated and there was sufficient cause to send it to be analysed by a document examiner of the Chemistry Department.

The said note was sent on Oct 9, 2009 and subsequently on Oct 20, 2009.

The document examiner prepared his reports and they were considered by the Attorney-General himself where the Attorney-General, Tan Sri Abdul Gani Patail, was not convinced of the authenticity of the note due to insufficient samples to verify the handwritings, in particular the Chinese characters.

So if he was not convinced then, why is he trying to tender it now?

In addition, the note was said to be discovered some two over months after the death and that this would raise suspicion over its authenticity and discovery.

I FULLY agree with this statement! Very, very suspicious. So again, why??????

Having considered these factors, Tan Sri Abdul Gani was of the view that the note should not be tendered until and unless the investigating officer could provide satisfactory explanation as to its discovery.

So by wanting to tender it now, can i conclude that the IO provided a satisfactory explanation? Still, if he did, then why wait til now???? Did it take him SO LONG to come up with an explanation? More suspicious...

As regards the note, the Attorney-General’s Chambers was earlier briefed by the investigating officer that he conducted a thorough search after being advised by the psychiatric (sic) that ordinarily there would be a note left in a suicide case.

However, recently, the investigating officer owned up by admitting that he did in fact find the note when he searched the sling bag on July 17, 2009 but did not realise the significance of it as there were other documents found and that they were written in both Chinese and Roman characters.

Wait a minute - so he discovered it when he searched the bag? Teoh's body was found on the 16th June 2009. Why was his bag only searched by the IO 1 MONTH LATER??? If this was not the first time he searched the bag, i asked the same question i did earlier - how did the note suddenly appear?????

And the IO did not realise the significance of it????? Why??? The AG's statement said he did not realise it "as there were other documents found". WHAT?????????????? And the IO did not realise it could have been significant because it was "written in both Chinese and Roman characters"?????? So? Is it because he did not understand it? How and why could he have not bothered with it????????

As a result of this, the Attorney-General decided to put the note in and directed the investigating officer to explain this in court to avoid any repercussion in future and let the coroner decide on its weight after considering the explanation by the investigating officer and the document examiner’s report.

Therefore, there is no suppression or withholding of evidence and that the decision for not tendering it earlier was made based on the document examiner’s report as well as the discovery of the note which gave rise to suspicion.

If the decision not to tender it earlier was for those reasons, so WHY is the AG tendering it only NOW?????? What has happened since then????????

The Attorney-General’s Chambers will tender a document as evidence only and until it is satisfied that any shroud of suspicion surrounding it is lifted.

Unfortunately, all this only raises more suspicion.

Jabatan Peguam Negara
9 August 2010

I teach my students every year that it is only in the movies that you see lawyers tendering important letters late in a court case, catching everyone by surprise. From next year onwards, i will have to tell my students this only happens in movies AND in Malaysia.

Malaysia boleh!

A slap on the wrist

Last year, a group of men did something totally disrespectful and utterly disgusting - they brought a cow's head to protest against the relocation of a Hindu temple.

Pic taken from Malaysian insider

To most of us, it would not be so bad. Furthermore, everyone has a right to voice their opinion - but it was the manner they went about doing it. A cow is sacred to Hindus. what they did was surely contemptuous.

Rightly, they were charged under the Sedition Act. Eyzva Ezhar Ramly, 31 was charged under the Section 4(1)(a) of the Sedition Act 1948 for “inciting racial animosity with carrying a cow-head”. Mohd Azmir was also charged under the same act for carrying and stepping on a cow-head with “the intention to create racial tension” (see here).

They both pleaded guilty. Therefore, Azmir admitted that he INTENDED TO CREATE RACIAL TENSION.

When i heard the news, i asked some of my students how much they would sentence these people if they were the judges, bearing in mind the charge involved 'intention' and not a strict liability offence. Most said around 5 years in prison. They were all shocked to hear that Eyzva only got one month while Azmir got off with a fine of around 600 quid!!!!

WHAT??????????????????????????????????????????????

This is a serious offence!!!!! They INTENDED to offend and provoke racial tension. A lot of people were asking if it would have been the same a group of Indians or Chinese were to offend the sensitivities of the Muslims. Do you think they would be let off this lightly. i doubt it.

The learned(?) Judge even had the cheek to say "In a multiracial country, we need to take care of the sensitivity of others" (see here). But then she lets them off lightly? Do you think this will serve as a lesson to them? Yes, it's a lesson that if i want to offend and cause racial tension in Malaysia by provoking the Hindus, i will get off lightly.

This is all the more a mockery of our justice system when one considers that Eyzva has got a criminal record and not a first time offender.

Furthermore the rest of those involved were let off. It was reported as follows:-

Defence counsel Afifuddin Hafifi, in applying to the court to acquit and discharge the four, said: “The culprits (Eyzva Ezhar and Mohd Azmir) have pleaded guilty, hence there is no reason for the prosecution to pursue the case.”

Right!!!! So if 10 people went and murder a family, killing them all, and 3 of them has been found guilty, it is ok to let off the rest. There is 'no reason' to pursue the case. What bullsh*t. if they are guilty of a crime, they should be punished accordingly.

But the judge agreed. It was reported that they were all hugging each other in joy (see here) - celebrating no doubt that in Malaysia, you can get off for certain offences!!!!

Malaysia boleh!

1805

Today, we know from a ministerial reply in Parliament and subsequent cases that, between 2003 and 16th July 2009, there were 1805 deaths in custody. This translates into an average of 3 deaths every 4 days. And if the trend continues, even as you are reading this, another body is probably being sent to the morgue and with formalities dispensed with, it becomes yet another body packed up, wrapped up and buried, never to be seen or mentioned again.

(Excerpt taken from here).

The memorial which was held last Saturday

3 deaths in custody every 4 days!!!!!!

Malaysia boleh!

Jail is the safest place

So what happens if your safety is threatened? If you believe some people are going to abduct you? You have a very good reason for believing that. After all, you have accused their people for torturing you (see here).

So what can you do?

Lodge a police report.

Done that.

Go to the courts to apply for a protection order.

Done that.

The results? The police apparently haven't finished their investigations. the court apparently has no power.

So for N Tharmendran, the only option is for him to to go jail!!!!!! You can read all about it here.

Pic obtained from The Star

Malaysia boleh!