Monday, 18 May 2020

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?




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