Damian S. L. Yeo & L. C. Goh (DSLY)
No. 2007, Lorong Sidang Omar, off Jalan Penghulu Abbas, Bukit Baru, Hang Tuah Jaya, 75100 Melaka

Tel : 06-2347011
& 06-2347012
Fax: 06-2347022


Friday, December 7, 2007

Hindraf....AG prosecuting

I was in Shah Alam High Court on Thursday morning for a case (nope, me not involved in Hindraf's case). While waiting for my case to be called, I heard loud cries downstairs (btw I'm at the 7th floor) by members of the families of the NOW-detained 31 so-called Hindraf's supporters. YES, their bail application were all denied by the Session Court judge. Meaning they would have to wait until trial and that is fixed in January 08. How long more after that, I don't know.

That aside. I am more perplexed with the overzealous prosecution by the Attorney General himself. I know that Article 145(3) confers upon the AG the power to institute proceedings. But never have I expected that he himself would do the prosecution in the Session Courts. I am sure the judge sitting on the bench would be very uneasy that her boss is prosecuting.

I am more shocked to learn that all 31 men were charged under attempted murder and not for illegal assembly. I must cautioned the AG that though he is so over zealously behaving like a little Napoleon, the law of evidence clearly states that the burden of proof is on the prosecution to prove beyond reasonable doubt every element stated in the charge. For him to frame such a charge (attempted murder), I now doubt the AG's office motive and direction for prosecuting all 31 people on the same type of offence. Suddenly I was reminded by the notorious decision of Sim Kie Chon who was sentenced to die under the ISA even though there were no evidence to suggest that he was a threat to national security. Why can't he be charged under the Arms Act or under the Fire Arms (Increase Penalty) Act?

Just like Mahatir.....

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