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Sakmongkol ak 47

ariff.sabri@gmail.com

Thursday 11 August 2022

The case of the Malaysian spy catcher.

1. I am dumbfounded to hear that a former Malaysian spy chief was given a full acquittal. The kelantanese would be horrified and will likely exclaim terkejut beruk ambo!

2. I am exasperated to hear the judicial commissioner saying that it's not fair, the judgment of not amounting to a full acquittal hanging over the accused's head for over a year.

3. Hooray! Belts off, trousers down. Isn't life a scream. Suddenly the courts become conscious of the duration of a case.

4. Wah, the courts are suddenly conscientious about the duration of this case but exceedingly patient about a case involving Ali babavum Najib. Jeepers Creepers!

5. the case involving Ali babavum Najib has dragged on for almost 4 years, but the courts are suspiciously quiet about it.

6. Perhaps our warped sense of fairness has tolerated the serpentine nature of the case. Justice rushed in that case is justice crushed. In the spy chief case, justice delayed is justice denied.

7. If I could describe the behaviour of our court system, it's penny wise, pound foolish. Don't know whether they still teach that idiom in our schools nowadays.

8. The 2 cases remind me of Dickens bleak house and Oliver Twist. In the first, the court system is synonymous with unbearable procrastination. In the 2nd book, as Mr Dimble says, the law is an ass, an idiot.

9. Enough to prompt me to specialise in one particular area,if I were to qualify as a lawyer. To prosecute errant judges, dpps and lawyers. I will apply to the courts to be an amicus curiae. I'll do a watching brief.

10. Why do the courts so want to resolve the spy case expeditiously but willing to procrastinate on najibs case? Is this their sense of fairness even to the extent of casting doubts on the lengthy judgment of nazlan?

11. I read a few weeks ago, the former spy chief returned the monies taken. Some were found to be forged notes. Shouldn't she be charged for attempting to deceive the government? Or will the government say small matter, mah. Returning the money can only mitigate sentencing ,enche

12. Proving the monies were procured by corrupt means may be difficult. The dpps maybe half past six bozos or mce 3rd graders. Failure to do so may lead to technical acquittal. As in this spy chief case.

13. But the fact of thievery remains. Even if all sen of the money were returned, the factual act of taking money wrongfully remains. Ya kan?

14. So while the court may acquit the accused because of mediocre dpps and sleeping judges, the original act of stealing the money, is not cancelled out. The court cannot exonerate the then accused.

15. What if Najib decides to return all the money he took illegally, will he be forgiven? The initial act of embezzling remains, sirs and madams.

16. So I submit that the full acquittal of the spy chief is a miscarriage of justice. Not only is the spy mistress on trial, so too are the judges, dpps and lawyers.

17. I know some shylockian lawyer will appear on video explaining this anomaly using ingenious legal subterfuges. But as uncle Karl says, lawyers have hitherto explained this and that, the point is to change the world.

18. Lord Denning is a supporter of judicial activism, never ball polishing.

19. Seems to me, judicial activism is much needed as of now. There seems to be 2 set of laws;one to defend and protect the rich and powerful, the other, often derided and trivialised, for the weak and powerless. The former sanitized by our warped sense of fairness, while the latter increasingly depend on our depleting judicial conscience.
Carpe diem! Before it's too late.

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