It's worse than just a slap. Tales by an unknown blogger. No 77

1. If the malayman who slapped a Chinaman (unlawful )for eating in public(lawful), on account of a badly written charge, the fault is with the state legal advisors office.

2. Investigate the person who wrote the charge. That person may have deliberately written a fuzzy report so as to 'restraint' the judge.

3. Even better, transfer the SLA for not ' proofing ' the charge before it's sent out.

4. The charge badly written, would force the judge(who interprets the law and finds accordingly) to have no choice but to grant a DNAA. A DNAA is actually a guilty verdict but for some technical glitches.

5. Now we see it, through the eyes of reasonable men, a DNAA in truth generally is a guilty verdict .

6. Hence those who were given DNAAs have no reasons to gloat. They are really guilty .

7. In the slapping case, obviously the judge does not believe in judicial activism ( being unelected) nor does he have the urge to consider policy considerations nor apply a bit of common sense.

8. Some policy ramifications include:-

•  result in copycat slapping elsewhere.
• fears that things worse than slapping will occur.
• gives impression that people can take law in own hands.
• embolden religious fanatics and religious vigilantes.
• others live in constant fears.
• energise the xenophobic supremacists to pick a fight.

9. For these reasons, the executive branch must interfere to correct the wrongs.

10. Now let's discuss about the assailant. He's called assailant because he assaults, doesn't he? Or defendant (sedap sikit dengar).

11. I think in law, there's a concept called eggshell skull rule(hey, I like the novelty term, eggshell skull rule). The defendant takes the victim as he is.

12. To me la, the reverse is also true. We must also treat the assailant as he is .

13. That means, we ignore whether assailant has got personality disorders, whether he got pressures at home, whether he didn't get his ration the previous night etc. He must be held accountable.

14. Don't get sentimental. Oh he's 65 years young, he's Malay, a fasting Muslim, he wears a robe probably UMNO some more and so on.

15. These shouldn't be treated as mitigating and ameliorating factors