Plea bargaining ought to be outlawed. Part 1 of 2
The dropping of the money laundering charges against wolf boy Riza Aziz, is a black mark on Muhyiddin's administration. It implies that he countenances corruption.
Not being a lawyer, I thought plea bargaining is for a lesser charge and stealing over a billion ringgit is hardly one.
I thought plea bargaining entails a lighter conviction but not getting away scott-free. That appears to be the case for Riza Aziz.
I thought plea bargaining gets you a lighter sentence but not no-sentence. Something is terribly wrong here.
It can mean that our judicial system is a mess such that judges accept plea bargain to alleviate overcrowded court dockets. But I thought its for low level misdemeanour. Misappropriating money from 1MDB is no low level crime.
It can mean our prisons are overcrowded. They are full of minor offenders such that jailing a major offender disrupts the life of a rich person. We are compassionate for the rich but severe for the poor.
It is also a question mark on the integrity of judges who are too willing to accept a plea bargain. I hope not.
We can accept the judicial economy argument for low level crimes but is stealing more than 1 billion ringgit one?
A, man of straw will readily accept a plea bargain because he cannot afford a costly and robust defence. But a person with deep pockets like Riza is not a man of straw.
Are our prosecutors overworked? They find plea bargain as a means to lighten their caseloads. But with so many law schools and graduates a lawyer is a dime a dozen.
That can mean sadly, we have half past six prosecutors or grade-C egg prosecutors. Unable to argue their cases they opt for an easy way out. Are the Lesser gifted in our prosecution team? Hope not!.
But in any case a plea bargain assures a conviction albeit a lighter one. It cannot mean no conviction!
I hope plea bargain is accepted if it means a bigger conviction for a criminal kingpin. Let us hope that Riza Aziz has a damaging testimony against bosku. If not plea bargain is a miscarriage of justice.
But I still think plea bargain means a lighter sentence but not none at all. I hope this plea bargain does not amount to full acquittal. It's a sad day if it does.
I hope plea bargain is not the Plaster of Paris to fill the lacunae in the law. Don't adulterate the Law.
I am puzzled why lawyers are silent on this issue-either they are not sensitive in preserving the sanctity of the Law or too busy pursuing their Porsche Panamera.
Is the defendant looking for a more lenient sentence? That would mean we can kautim with the law.
It can also mean the defendant has opted for certainty rather than risks being convicted by a judge. Then the law is like a free size t shirt or a spandex.
Or it can be a crafty strategy by the defendant or his lawyer. He can free the defence lawyer to concentrate on a bigger case or allowing his lawyer join the team defending the criminal kingpin.
But the nugging question remains.-are the judge and prosecutors compromised?
0 comments:
Post a Comment