ADMINISTERING JUSTICE – STATE AND CITIZENS
An Article by Voon Lee Shan The state owes a duty to the citizens to protect their lives, liberty and property in reciprocal for allegiance of citizens to the state. If the state through her officers who are custodians and trustees of our law can act anyhow and or at their whims and fancies, then the institution of good governance and democracy will collapse and will throw the country in chaos and anarchy. Any malicious, scandalous and vilified act caused to a citizen and his family can also happen to officers and their families, friends and relatives of officers who got the guts to clothe themselves with tigers’ hides to abuse their powers to the detriment of country and citizens. The swords can also be near to their throats too if they act irresponsibly to bring country to chaos and anarchy. To government officers who got the guts to clothe themselves with tiger’s hides and abuse their powers to the detriment of country and citizens, the swords can also be near to their throats too if they act irresponsibly to bring this country to chaos and anarchy. As loyal citizens and officers of the state we may wish to know […] read more
Is Kissing In Public Legal and An Acceptable Norm in Malaysia?
Malaysia is a multicultural country and it is not common to see Malaysians kissing in public but we may at times have some opportunities of seeing newly married couples kissing in the presence of their guests during wedding dinners. Most of the time when they were asked and teased by MCs to kiss and in amorous embrace, these newlywed couples may be seen to be very uncomfortable and shy. They had to do it especially when some of their guests insisted that they have to do it. What normally would be our reaction to such act then? Annoyed? Embarrassed? What is the position of the law in Malaysia? In a recent case, Ooi Kean Thong and Siow Ai Wei who were students were caught by the authorities when they were locked in an amorous embrace in a park beside the famous landmark, the Petronas Twin Towers in Kuala Lumpur. They were charged with disorderly behavior in public. The case went to the Federal Court of Malaysia. The Chief Justice, Tun Ahmad Fairuz commented that: “In England, those acts are acceptable to the people of that country, but, is kissing and hugging acceptable to Malaysian citizens? The federal court rejected a […] read more Trafficking In Dangerous Drugs and Murder Cases, Which One Is Easier to Defend?
To a defence lawyer nothing is easy when defending clients accused for trafficking in dangerous drugs and for murder cases. The simple reason is that the life of a prisoner is in the hands of the lawyer and the only sentence available in law is death by hanging. There is no alternative to plead to save the prisoner’s life however skillful is the defence lawyer. To a layman, the question always been asked is that, “Why defend a drugs trafficker? “Why defend a murderer?” The prejudice was always great and unjustified, but, to a lawyer a job has to be done to ensure that the prisoner has a fair trial and that if convicted, it must be based on credible evidence proved beyond reasonable doubt by the prosecutor and that it was not a fixed up case. Witness Telling Lies! Prosecution Fixed Up Case? How can a lawyer be able to know that evidence has been fixed up against the prisoner or the witness was telling a lie? Very impossible! A lawyer may suspect lies been told and evidence been fixed up, but could not prove them. What the law requires in such circumstances is proof and nothing, but, suspicions […] read more Constitutionality of Death Penalty
The issue on the constitutionality of death penalty had previously been argued before the Privy Council in the case of Ong Kee Chuan v. Public Prosecutor [1981] 1 MLJ 64 PC. In actual fact this was a case of appeal from Singapore under the Misuse of Drugs Act 1973 to the Privy Council. However, the Privy Council in their judgment ruled that the death penalty was constitutional. Now, cases are no more heard before the Privy Council in the United Kingdom and therefore the highest court where litigants could be heard now in all legal matters are before the Federal Court only. By Voon Lee Shan in the Federal Court In the Federal Court sitting at Kuching on 1st October, 2012 the issue on the constitutionality of the death penalty was again raised before five judges in the Federal Court Criminal Appeal Case No: 05-234-09/2011(Q) in Chung Ngee Hong v. Public Prosecutor in a dangerous drugs case under section 39B(2) of the Dangerous Drugs Act 1952 which carries the mandatory sentence of death upon conviction. Death Penalty Arbitrary, Unfair or Unjust It was argued before the Federal Court that the death penalty under the Dangerous Drugs Act 1952 is arbitrary, unfair […] read more 