Sunday, October 21, 2012

Hang this Judge!

We've seen how it was OK to rape a minor if you're a star. Now, two brothers are sent to the gallows for killing a burglar! What's the matter with our judges? Seasoned journo Nuraina A. Samad, whose sister had caused the death of a robber a few years ago, has thrown her support behind the two Indonesians. She asks in her latest posting Never Hurt A Robber, Burglar or Intruder:
"What were they supposed to do? What are we supposed to do when someone breaks into your home? What kind of signal is the court giving?"
Prominent blogger Syed Akbar Ali is as peeved as he highlights in his latest posting Fairness of Court Judgments Come Into Question the cases of Somalian pirates who might get away with maximum 14 years in our prison and a Malaysian who got only six years for killing a Nepalese!

I say time to tell Malaysians that judges are ordinary human beings. The really bad ones ought to be sacked!




67 comments:

IT.Sheiss said...

This is absolutely ridiculous.

These two brothers fought to defend themselves against an intruder in their own home and they end up being sentenced to death.

Malaysia has become worse than the western countries where there's more sympathy for the culprit than the victims.

Our legal system has been severely infected by loony liberalism. Something needs to be done to correct it.

Donplaypuks® said...

Bro

I hear you. I also read Syed's piece on this subject.

I agree with you both and share in your outrage that the situation, that of inconsistent and sometimes plain ridiculous sentencing by some judges, is untenable. Our Minister for Law and the CJ had better get cracking.

We don't want to be globally embarrassed because of some half-assed judges and magistrates!

Nazri's suggestion of some sort of a Parliamentary oversight committee as a court of last resort is plain stupid. We have enough talent in this country to administer proper justice; we just need the right men at the very top.


Dpp
we are all of 1 Race, the Human race

Donplaypuks® said...

Correction:

I meant, we just need the right person at the top.

bisu said...

Why dont u all suspend your judgment untill u get all the facts...!!! That the prosecution proceeded with a charge of murder meant that the 2 accused had acted beyond their right of private defence. The fact that they were convicted meant that the judge found evidence to support that...!!

Anonymous said...

Yes we need the right men at the very top of the judiciary.

When judges can acquit, discharge, convict, retry, sentence at their whim and fancy then we are in trouble especially when it involves politically charged cases.

If one observes carefully, a certain party has been the beneficiary of certain absurd decisions even when the evidence appears to be solid or at least plausible.This observation coming from a layman like me is because we are increasingly confused as to the legal yardsticks used now for evaluating evidence and interpreting the law vis-a-vis the heydays of Abdoolcader, Suffian etc. It seems those luminaries' benchmarks have been reduced to piffling dirtmarks by idiots afraid of being labeled hatchetmen, conspirators etc.

All these absurdity intensified when conspiracy theorists entered the fray and began shaping public opinion against the Bench so as to have decisions delivered in their favour even if the evidence is deficient on mere technicalities.

Then the Bench became infested by morons who began to reassert a purportedly missing judicial independence and integrity (a perception created by those selfsame conspiracy theorists and other immoral opportunists) with asinine decisions on the false premise that this will endear them as champions or defenders of judicial independence or restorers of some lost innocence...LOL.

When politicians began making ridiculous assertions to hide their own moral and personal deficiencies, and planting disaffection in the public's mind against the Bench to prevent conviction and influence decisions, it was only a matter of time before the inner hallowed portals of justice quickly turned into a theatre of the macabre and the absurd where illogic reigns and prances around as sane onlookers gape in horror.

Maybe some form of moral turpitude legislation should be drafted to police the bench and weed out idiots who cannot leave their political inclinations at the doorstep of the chamber or the gates to the bench:

http://en.wikipedia.org/wiki/Moral_turpitude


Warrior 231

Anonymous said...

Is the judge wife to Mat Melayu liberal gila membabi buta, Prof Shahrom of University Malaya?

His wife is Nurcahaya, dean of law facility. He married his own teacher.

Wonder if it is the same Nurcahaya.

Mampuslah Malaysia bila judges nak jadi hakim yang liberal dan bukan hakimyang adil dan masuk akal???

Puk.U.Dpp said...

Donplaypuk said: "Our Minister for Law and the CJ had better get cracking."

What the puk are you talking about you SOB.

If the Minister interefere you opposition fuckers will create an uproar.

The existence of twisted and liars like you is the very reason are the reason our justice system get screwed up!

You are not part of the human race but satan incarnate!

Anonymous said...

Thank you bloggers for taking this discussion to front. We certainly expect equity and fairness in our legal system. Yes, sack those incompetent and lazy!

Anonymous said...

Can you make rendang from vegetables ? Therefore what kind of judges can you expect from a bunch of half cooked appointed to become judges because of the colour of their skin and not because of their capabilities. This is Malaysia for you !

Anonymous said...

What's wrong with the judge? You should ask the same to the prosecutor. The dumb lawyer too.

-Rabbit

BigDogDotCom said...

Datuk,

Why were the two brother brought to a murder charge when they were as they say, "defending themselves"?

The Judge cannot possibly arrive to this had it not been a murder charge to both of them.

Was there faulty in the investigations and charge?

Was there faulty reporting too?

Anonymous said...

BRO , how many more years to Wawasan 2020 ?

we r no better than the Taliban.

anyway all along this is 1/2 past six government we get what we voted for....

Anonymous said...

ini judge ingat dia tuhan ka. Boleh ambik nyawa org suka-suka ikut dia punya interprasi.

What a joke.

:( :( :( !!!

Cucu Tok Sani

Anonymous said...

Any theif should rob the judge howse, and see how he / she raact to it... then he /she will uphold the rule according to him / her...

Anonymous said...

Statement rasis bodoh

digit said...

Our judges have been a laughing stock ever since Mahathir's purge of the judiciary.They come out with AJAIB decisions.
Now you guys , scream blue murder.

Well you guys got what you wished for...so don't complain ye....

Anonymous said...

You know what??? The Judge Nurchahaya Arshad is from Sabah, the sister (adopted) of the 'famous' or notorious Musa Aman.

Who is the defence lawyer and who is the DPP. Both are bloody stupid. On the fact, it is only homicide not amounting to murder.

The DPP must be bloody stupid to charge them for murder. The defence lawyer must also be stupid not to argue that there was no intention to kill. And the Judge must be bloody stupid to rule that there was murder when the deceased fell from the ceiling and all the accused did was trying to overpower him. Where is the intention to cause death????

damansaraman said...

Dear Rocky

I am really dumbfounded with this story.

An intruder almost broke into my house many years ago.

Honestly I was really scared. Really really scared. Scared that they might harm me. Extremely scared that they might harm my wife and my small daughter.

To my biggest surprise, that scary feeling turned into an extreme outrage that actually open my house door and chased both of them with an iron.

My point is this. I am sure the two brother were defending their 'territory', just like I did. And in situation like that u cant think straight.

For me this is a really injustice

Anonymous said...

picture this: a robber intrudes, Victim grabbed him and with an intent of killing out of hatred, or knowing that the clubbing 'to teach robber a lesson' could result in death. The robber indeed died. Is this self defence?

The law as embodied in the Penal Code is made by Parliament, not judges. Judges only interpret the law as prescribed. It is the prosecution who frames the charges; not the judges - in this case it was s302 instead of s304 that was framed.

Please report responsibly. As much as the judges n lawyers have their legal duties, so do journalists.

A Malay Dah-Lah-Lama said...

Bro,
This is what law is all about. Just as a lawyer presents a case with volumnous of fact of laws and evidences, there would be another bright spark lawyer to counter them. And what would you expect for a judge to judge as a fallible human being, like us.
There is no room to err for the professional of exact science like the engineers, architects and surgeons. Lawyers... I rest my case!

Anonymous said...

Ni pasti bayar lawyer tak cukup, incompetent or lazy lawyers to help fight their case!!!

Esp accident cases, rasa2 ujud syndicate yg tak sihat going on with this profession. Looking at the performances of Bar Council members lately, I am not confident/ am very suspicious of their conduct.

Judges and Lawyers are HUMANs too and subjected to "personal or outside influences" like any other ordinary beings.

Which body is monitoring these so called "professionals?".

Rocky minta MOLE tolong2 korek background of this Judge and the lawyers involved in this case.

Fedup

Anonymous said...

We are not privy to the materials of the case, so it is not right for anyone of us to make judgment of the verdict.

However, I really pity the judge. Under the "modern, civilised and man-created" law that this country had adopt from our colonial masters, death maybe the only option available for her.

Had we adopt the law as prescribed by our creator Allah SWT, there are other options available.

Those of us who opposed and condoned people who opposed hudud, stop complaining. You asked for it.




Anonymous said...

Salam All,

With due respect to all, I think we should see the facts of case from both sides, before we pass judgement. Emotion must not overcome us.

To justify death, the standard of proof required is very high. A reasonable doubt will throw off the case. We don't gamble with other person's life. I am sure the parties concerned the police / investigation, the judge must be thorough in evaluating every aspect of evidence adduced when preferring the charge and hence the judgement.

Judge tu orang biasa macam kita, ada perasaan. Saya tak percaya dia senang-senang nak hukum mati berasaskan evidence lemah. Tak mungkin boleh berlaku macam ni.

Again there will be the appelette authority to appeal to. I 'm sure the trial judge will not want his judgement overturned based on his stupidity i.e. accepting unproven / flimsy / weak evidence. This cannot happen la Bro! Nyawa orang Bro!

This is for this case only. Ada kes bowler satu lagi tu, I have my reservation.

Orang Lama

Anonymous said...

the police and AG are the one who prosecute them.why charged the indons in the 1st place?

koz said...

This country is hopeless. Jundges pun banyak yang incompetent.

Hoi judge!! read this. You are stupid and incompetent. Where did you get your education?

Anonymous said...

This is what Happens When NajibMania Rules...

In NajibMania the Crap comes up to the Surface in all Institutions ruled by Najib!!

It not Only applies to the Judiciary but also to the Security Services especially the Police and the Home Ministry. And what about the Institutions of Higheer learning? We come from behind and not the Front!!

Remove Najibmania once and for all!!



JusticeforAll

Anonymous said...

Roc!
That Judge was'nt an idiot ! Did you all really attended that case ? Know a little bit of the reasons and you all jumped that the Judge ai'nt good and fair! You are talking of a life to death not life sentence man!
Do you really think the learned Judge wish or enjoyed to give such sentence? The trouble is that the public likes the judges to do this dirty work of giving a death sentence.Can you all imagine the pain one goes before the day of sentencing......I once spoke to one learned judge [who since passed away long time ] that he used to cry and roll in his sleepless night before a death sentence to announce.
So please be fair ...she was doing our job and lets pray that God will understand and forgive that job of hers.
Sorry Roc you jumped the gun and had a negative effect from your favourite bloggers.

Anonymous said...

If burglar already in your house at 3.00am with parang or take knife from your own kitchen, he's going to your beautiful girls room. You have no handset or telephone to call. Your house separate by 500m from the nearest house. You have your own weapon which you always keep for safety purpose.And you have the gut to keep your family in safety.

What will you do??

To kill or to be kill?

It's a stupid question for the stoodpid .....

bisu said...

All of u menghukum hakim & dpp macam tak ingat Tuhan...!! orang tak akan dituduh tanpa bukti la...!!! Hakim tak sabitkan orang kalau tuduhan takder keterangan. I'm really dissappointed in you rocky...

Anonymous said...

Judge ni malam2 bole tido nyenyak ke?

mohd nor said...

Datuk,
I believe you should get the full facts right before you start rallying the rakyat to hate our Judges and judiciary. Aren't you curious not to find out why the two brothers were charged with murder when they were only "defending themselves" and did the witness co-worker malaysian guy took the stand and changed his story? Were the police up to something when they decided to propose "murder charge"?
So Datuk, are you been fair to the Judge when he decided on the case based on the facts???

Anonymous said...

can someone go lodge a police report against Rocky the bru please............

Anonymous said...

Biar lah Hakim dengan KEPUTUSAN nya!!

Yang UMNO,PERKOSA,HASANG ali diam kat SOI LEG menghina ISLAM ko orang cuma DIAM je!!

Memang Soi LEG to kapir and dia TAK TAU apa yang dia cakap,,

Yang MUSLIM sonyap je,,,baik kasi LANCAP,,

-BODO2_

Anonymous said...

This judge obtained a licentiate from University College of Buckingham, now University of Buckingham. A licentiate from this university is equivalent to a diploma from UITM. Checked with JPA.

Anonymous said...

So from now on the police must not shoot first. Let the crook shoot first and if you are not dead then you can shoot!

nirmala said...

Bisu,

If there had not been those earlier "judgments" in the rape cases, i would do just that.

but you are right...perhaps we should wait ... perhaps what we heard in court wasn't the full story.or the judge and the prosecutors know something we don't..perhaps there is adamn good reason why that particular charge was framed against them...

oh dear...

if his is how the court works...sorry sorry state.

and their lawyer? even if they had acted beyond their right -- the charge and the sentence?

i suppose there are judges and there are judges...

jeremy said...

donplaypuks,

exactly what do you mean by "Our Minister for Law and the CJ had better get cracking" so that we "we don't want to be globally embarrassed because of some half-assed ...."

It is very clear, by your unremitting attacks on the BN, Najib, the sitting government -- that you believe them to be useless, corrupt, good-for-nothing etc..

don't you wonder how malaysia got this far? how we all are proud of our country?

of course, we can improve on so many fronts. that is why we should criticize the administration for any weaknesses and imperfections.

but if you think that your masters in the Pakatan can do better, you are deluding yourself.

i look at people like you and the pakatan supporters, i shiver at the thought of pakatan taking over.

you guys make perkasa look like a pussycat.

anyway..back to my question -- what exactly do you mean?

for the minister and the CJ to interfere? to make the judge change her ruling?

or to appoint "good judges"???

whatever do you mean?

mahyuni said...

BigDogDotCom,

the reporting cannot be faulty...there is no error in the news report.

as in all court stories, the report gave the main points because it is not possible to report court proceedings in full.

ask yourself whether the charge was wrongly reported or the conviction?

lailamajnun said...

bro, i'm assuming that the boys were charged under a section of the penal code where they get death upon conviction.

which means the prosecutors managed to convince the court that the boys should be charged under that section.

that is academic because that's done.

so we can only ask why they were charged under that section?

is there something we don't know about the case?

but that's not how cases are heard in court.
you can't conceal information from the court...worse if this info was made known to the judge and lawyers...

all this doubt etc is not good.

we all know that people can screw up...

how prosecutors and police investigation team can screw up cases..

and what about the boys' lawyers?????

sure don't want them to take my case....

Bob said...

anon 5.57pm:

not all judges are impartial. not all judges are good...

but true...judges are only human. and they surely must feel pain after handing out a death sentence.

but if i were a judge -- i'd not feel pain if i were convinced that an accused was guilty of planning to murder someone and murdered that someone in a way that would make him dangerous to society....that he is guilty beyond reasonable doubt...

bru said...

I refer to your point "we come from behind and not the front". That's not NajibMania! Sounds more like ...

bru said...

Kalau MCA, biarlah DAP jawab. Kawan2 PAS kat DAP tu takkan tak nak defend Islam beb ...

bru said...

Digit,

Get over it lah. It was okay to blame Dr M back the, it was politically expedient if you we're in the Opposition. But the Statesman has resigned for nearly a decade! To blame him still is a sign of a very weak character.

The fact of the matter is not all judges are equally good (or bad). But we do get half past six judgements even back then during Dr M's time. Even among the Judges they privately admit this.

Utusan Cerpen Malaysia said...

Kerana MAHAthir... plenty 6.30 Judges!

jason said...

Soon the courts will decide that the gays have a fundamental human right to their own separate toilets. As do the lesbians, bisexuals and transsexuals. The court administration better get their premises refurbished with those 6 separate toilets ready.....

Anonymous said...

"SHAH ALAM: A MOTHER and her boyfriend were handed the death sentence yesterday for killing the woman's 3-year-old daughter.

High Court judge Datuk Nurchaya Arshad passed the death penalty on Wong Mei Ting, 26, and Tan Peng Tong, 29, after the prosecution had proven the case beyond reasonable doubt"

Who said judges had sleepless night after passing down death sentence?

meleis said...

Sorry Boss. This time i have to disagree.

There are 2 sides of every coins.

Let's not have any knee jerk reaction shall we?

Yes the law warranted that one have the right to defend themselves in a life-threatening situations.

But look at the following facts:-

1) There are 3 occupants and 1 burglar in the room.
2) The burglar was UNARMED. No weapon. Nothing.

and law also warranted that the act of defending oneself must be PROPORTIONATE.

If the burglar was unarmed the 2 mens should defence themselves proportionately.

They can caused hurt ONLY to the extend of neutralizing the threat, but not to the extend of causing death.

So 2 people against 1 unarmed criminal.. What does that tell you? Should they beat the hell of him? Yes. But, should they kill him? No.

If we allows such act to happen, it will open the floodgates, and all kinds of vigilantes will appear.

The punishment was metted according to the laws.

In my opinion, instead of murder, they should be punished under the act of manslaughter. Because the absence of Mens Rea/Intention (even this is arguable)

However, the ke-khilafan of the said judge on sentencing the 2 indons, does not mean she deserved any bashing from the public.

Anonymous said...

Dredd rules!

Anonymous said...

omg! ridiculous!!

what if the burglar managed to kill/injure the two brothers?
what justice can be uphold if the burglar got away with his crime? who's going to repay @ what is going to happen if they were both dead then? wut d h***????

Anonymous said...

This is when people in Texas and Tennessee for example, laugh at us... right before checking if their guns are well-oiled and loaded...

- Azlan

Anonymous said...

Get ready for another protest, threats at our peoples and throwing sh!t at the Malaysian embassy in Indonesia...

- Azlan.

Anonymous said...

To meleis 12.47PM: When a stranger drops into your dark room while you're asleep, in your groggy, sh!t startled condition do you really know if the intruder was armed, was alone or if there are 10 other accomplices already elsewhere in the house - raping your wife, daughter and maid with their fists, buggering your son and even your cat/dog - right before butchering them all?

For the record, I not passing my own judgement against the defendants and even the judge. I'm just commenting on someone's post. Still, I'm worried of the backlash against our people in Indonesia...

- Azlan.

Anonymous said...

good one meleis.. If I'm not mistaken only woman who going to be rape can kill the rapist for self defense.

Syukri Dollah said...

someone (with power)... please do something!

Anonymous said...

Think it is time to close comments bro.We really should await her grounds of judgment to see how and why she reached the conclusion that she did.We dont even know what evidence was led through the 15 witnesses for the prosecution.Lets be fair to the judge as she is not in a position to respond publicly to all these critcisms.Once we have read her full judgment then only can we really tell if she decided within the parameters of the law.If the law is an ass then we should change it.Better still abolish the death sentence.Let the due process of law take its course.Peace.

Anonymous said...

this nurchaya must be made of stainless steel.

Anonymous said...

These sort of judges seem to be from the Pakatan Rosak community.

Next, they will say, please invite burglars into your homes and offer then coffee before showing them the loot.

A GOOD MAN DOES NOTHING.

Hang Tuah Liap said...

If the burglar rapes her daughter, maid and pet pet pussy, the judgement will be definitely different...

Anonymous said...

she did what she's supposed to do (after checking all facts/reasons, of course)..perhaps u people who demonize her shuld fight for the bros in court..

Anonymous said...

Judges are mostly aloof, snobbish bastards

Anonymous said...

Ehh..Indonesians.
Those people are fond of lynching and passing off death sentences by mob themselves. Just recently a mob attacked a police station and killed someone detained there just because of some provocative text messages.

Funny thing is their judges are less fond of passing death sentences, and when they do that, the murder victims families are always crying for blood and justice. 15 years prison not enough. Want an eye for an eye.

Don't know what truly happened here, though the difference between their testimony and medical report probably didn't do them good.

Anonymous said...

Anon 9:58 PM

Yang PAS jadi anjing kurap Karpal, kau tak bising pulak? Ptuih! Hipokrit!

Anonymous said...

Kill kill kill kill, ha ha ha

Anonymous said...

Nonsense! Our privacy and safety is threaten... Could anyone tell me, are there any law which can prohibit somebody to go beyond their right of private defence? Our life are in great danger and we had to review for not doing this or doing that and so on... Ingat otak kita ni komputer ka? We have to compute the possibility and look any clauses before we can act?

Anonymous said...

and you know what? police report says that the intruder died not because of any violence (which because they didnt find any sign of violence) but because of overdose! he collapsed and died suddenly while on that fighting situation. and the cops also found proof of some drugs with him. thats the report, unless the report is useless against judge's authority.

Anonymous said...

and you know what? police report says that the intruder died not because of any violence (which because they didnt find any sign of violence) but because of overdose! he collapsed and died suddenly while on that fighting situation. and the cops also found proof of some drugs with him. thats the report, unless the report is useless against judge's authority. in usa, there's one case, a drunk dude trying to get into a house which is not his because he's drunk and forgot his house of course. but there's few people inside the house, and they're scared so they grab their shotgun and shot the dude to death. no intention to rob, nothing just drunk. but killed. guess what? the shooter doesnt get any charge, because act of self defend.

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