Photo fromAnother case lost by our Public prosecutor. And as i read some of the facts that surface in this case, it is surely an immobalizing verdict to the family of Nuru Huda. The court is not cruel, the public prosecutors did not do their job and have failed them.
Would the new Chief Justice, who is an UMNO man do any better?
Will Gani Patail, tainted by many cases especially the Anwar Ibrahim case provide the ethical and competence compass for his staff? Updated : Read about the man of Gani Patail.
The answer is a resounding "NO". Both man would not be able to surpass their political masters and do the necessary rights. And in the effect, the rights of common people like those of Nurul Huda Abdul Ghani would continue to be transgressed. Justice would not prevail and people may turn to other areas to obtain their justice. "Mohd Abbas looked stunned after the court interpreter explained the decision to him". - The Malaysian public is also stunned at the incompetence of our courts.
NURUL HUDA'S MURDER AND RAPE: Security guard escapes gallowsPUTRAJAYA (Oct 16, 2008) : A former security guard, Mohd Abbas Danus Baksan, who was found guilty of murdering 10-year-old Nurul Huda Abdul Ghani in Johor four years ago escaped the gallows after the Federal Court here today set aside the conviction and sentence.
The court, however, upheld the 20 years jail and 24 strokes of the rotan imposed by the Johor Baru Sessions Court for raping the girl, to which he had pleaded guilty. But he escapes the caning because he is now 52 years old.
In allowing Mohd Abbas's appeal, Court of Appeal President Tan Sri Zaki Tun Azmi said he agreed with the defence submission that there was a third person involved in the case.
"Therefore all the circumstantial evidence adduced by the prosecution does not irresistibly point to the guilt of the appellant (Mohd Abbas)," he said in reversing the decisions of the Court of Appeal and the High Court.
Mohd Abbas looked stunned after the court interpreter explained the decision to him.
3 comments:
Actually, pertaining to your mention of the "NURUL HUDA'S MURDER AND RAPE TRIAL" wherein the Current Court of Appeal President Zaki Azmi in mitigating the death sentence of the accused to 20 years supplanting all lower Courts decision from death penalty to 20 years imprisonment cannot be construed as bias though it may be seen by some quarters as lenient.
In any criminal trial there is a tacit imprimatur called "bargain plea" wherein the Public Prosecutor(s)/Police procured/ ratified a mitigated deal for the one charged for a specific crime to plead guilty esp. murder case in exchange
for a lenient sentence.
I personally perceived the incumbent Court of Appeal President's decision may not be popular in Malaysia (for those who want to see him ended up in the gallow) but of geographical presence - say if the final decision to liberate the accused from death penalty was adjudicated in the US, the decision may be hailed. Note that many States in the US does not legalizes death penalty.
But, the point of Zaki Tun Azmi to preside the helm of Chief Justice is really really disturbing having
shown the records that he was a legal advisor and holds position in UMNO for a long tenure before parachuting and leapfrogging to the post of CJ.
Once again, without being prejudicial to him- Zaki Azmi, kindly remember that Zaid Ibrahim (an UMNO man) was appointed as de facto Law Minister until he rebut and publicly challenged the use of the ISA and honourably resigned.
As of the intention of UMNO placing
a favourable Judge as a top Judicial official, there is no question about it, but of his conduct that must be independent of all eminence grise and being apolitical when assuming the role of a Judge is another matter.
Malaysia's judiciary system was badly battered during the rein of Tun Horse, after the aftermath will stay for a long while still
To UMNO, our system is so perfect that it does not need any change henze Zaid sees the need to let go. It does not come as a surprise that Zaki Tun Azmi is viewed by UMNO hardliners as the solution to the judiaciary problem. Never before has a man moved up so fast and decided in our court system that it brings great question about the intent.
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