President Court of Appeal Tan Sri Md Raus Shariff
Yesterday, the nation was stunned when the Court of Appeal decided on the punishment in the defense of a child rapist. It was decided where a panel headed by the third most eminent presiding judge in a three-man bench. This case has already reached the Apex Court.
In January, the nation saw what seemed to be a compulsive sodomist walked free. The judgment got many baffled. Common subject over gourmet or local coffee or even teh tarik is now how would someone who has been raped try to get justice when DNA must be 101% proof.
Like Supremo Journo Datuk Nuraina stated clearly, the law does exist. However, how its being interpreted is erroneous and grossly unjust. The spirit on why these laws exist, has been ‘back stabbed’.
Last year, I saw with horror and dismay how the bench decided on my then 72 year old father made to pay a RM 200,000.00 with cost for a sum he already returned when he did what an honest man would do upon his business deal did not go through, five years earlier. It was very painful for a retiree. His legal bill alone was in multiple of tens of thousand Ringgit, to defend for a sum he already returned and could prove he for it.
How are we to move this nation forward with big plans when some of us started to doubt the judgment of the people who are supposed to be the point where recourse is sought?
Just a caution, more and more crafty and conniving persons manipulate and abuse the court and judicial process system. Situation is compounded when the Bar Council has since become ‘political’.
The "thirteen million plus Ringgit" guy rambles.... 
My concern dictate almost the same with you. Other than a child rapist that was also given a walkover, with the compulsive sodomist walked free & the Selangor state government ‘setpol’ to MB—>Faekah Husin’s brother being a judge who rules no malicious yet libelous against the former vice-chancellor of UNISEL claims regarding the circulation accusing him for causing UNISEL low- intake of new student…..
I just wonder if the ministry or someone at the highest level who’s in charge of foreseeing any slack in judiciary matters might have acknowledged something & promptly fixing it right back.
The judgement is beyond comprehension. Some Malysians are fast turning from jokers to idiots to moron.
But then Chong Wei and Pandalela won silver and bronze respectively at the London 2012 …. SYABAS dan TAHNIAH to both of you… there are still some smart and good Malysians around.
I agree completely with BD. The Chief Justice has said in Kota Bharu not long ago that the public can criticize Judges’ decisions. So why not. It’s a free country and the top Judge has verified it.
And the Deputy Public Prosecutors are not free from criticism also. I think the decline in the standard of legal processes in the country has been going on for some time already. True, “crafty and conniving persons manipulate and abuse the court and judicial process system.” Imagine, the Anwar Sodomi II trial was postponed some 50 times.
It’s very clear that the Bar Council has become ‘political’. The problem lies in the fact that most members have remained “the silent majority”, out of 13,000 lawyers, only the necessary quorum number (500?) attended general meetings. It needed only a few of the politicised ones on the Committee to create havoc at times. They jumped to draw up and had an unsatisfactory resolution passed after the Bersih 3.0 rally. A number protested, a concerned lawyer even took the Bar Council leading personalities to Court and the case has not been heard yet.
Judges must hear and decide based only on the evidence before them. But that can even be a moot point. The DPP for Sodomy II lost the case and soon after became one of Anwar’s legal team members on one of his legal cases. Doesn’t that tell the kind of lawyers we have in the country? On the bench and on both sides of the aisle in the courts? Justice must not only be done but seen to be done as well. But can that come about when there is “erroneous and grossly unjust” interpretation of the laws as stated above?
Appointment of Judges are based on the recommendation of the Chief Justice. But surely presented to the YDP Agong who, by the Constitution, acts on the advice of the Prime Minister. Presumably there are many Judges appointed since the days of the “flip flopping, auto-piloting and sleepy” Pak Lah Badawi.
I’d prefer the methods used by Tun Dr Mahathir anytime. Never mind the accusations that he controlled the Judges etc. They remain accusations – unproven – anyway.
Biggie,
Court of Appeal upheld the conviction of this young man. He is undoubtably guilty for having sex with a minor, which is statutory rape in Malaysia. However, the punishment which was finally decided is really appalling.
Tan Sri Raus and his learned brothers-of-the-bench allowed for a very dangerous precedence. From now on, any appeal for punishment of similar offence would refer to this decIsion.
Let’s say there is young brilliant and witty successful professional who aspire to be a politician and go into public service. His future is so bright that one would need sunglasses to ponder into his future. However he has this small problem; he has a compulsion to copulate minors in the most intimate manner and being a young persons idol, he has this streams of minors ever willing to be bedded by him. Now, would we allow the precedence that Raus and his brother judges set to decide for a habitual statutory rapist to have “a bright future career” and lead our nation?
“Bound to be in good behavior for five years” is an illusion so many people totally managed to portray and deceive the public.
It can be further appealed to a higher court, is it not? Isn’t the Federal Court the highest court of the land?
Let’s male as much noise as possible so that the AG appeals to the end. Get a custodial sentence to deter others from such animal-like acts in the future.
This case was a Session Court, where judgment of conviction was sentenced to the bowler. He appealed to High Court, where jail sentenced was reduced to five years.
Then taken to Court of Appeal, where the bench decided on the consideration of ‘public interest’, “the bowler has bright future in the sports” hence the sentenced was further reduced to a mere “five years of good behaviour”.
This isnt a legal aspect in question as the Court of Appeal acted upon provisions. However, the considerations that was mitigated for the sentencing has now surface as a moral issue for the Apex Court to allow the rapist walk free without punishment.
My understanding of the appeals process is: Sessions Court – High Court – Appeal Court – Federal Court.
Looks like the legal avenues have not been exhausted.
Agree with Hashim.
1) Kangaroo courts are sham legal proceedings which are set-up in order to give the impression of a fair legal process.
2) The term is still in common usage by defendants, writers, and scholars critical of a court or a trial. The U.S. Supreme Court has also used it. In in re gault, 387 U.S. 1, 87 S. Ct. 1428, 18 L. Ed. 2d 527 (1967), a case that established that children in juvenile court have the right to due process, the Court reasoned, “Under our Constitution, the condition of being a boy does not justify a kangaroo court.”
If they were sham legal proceedings, why were the blokes appointed as Judges in the first place?
Were they appointed during the “flip flopping, auto-piloting and sleepy” Tun Dol’s time?
If that is judge made the decision based on merit, so be it.
If he/she was kowtawing some jerks, hope his/her daughter tak kena rape later and the convict walks free pulak.
Tuhan maha adil.
He may have escaped jail term, but his career as a bowler is as good as finished. Who would want to associate the game with him? Which company would want to sponsor or endorse him? If he were to compete internationally like in US or Europe and if they know he has a record for statutory rape..well it will raise many eyebrows and almost certain they won’t want to associate the game with him.
Btw, it is called sodomite , not sodomist.
When I initially commented I appear to have clicked the -Notify me when new comments are added- checkbox and from now on every time a comment is added I receive four emails with the exact same comment. There has to be an easy method you are able to remove me from that service? Thank you!