Tuesday, June 22, 2010

Letter Of The Law Versus Spirit Of The Law?

Hantu Laut

In my posting here and here I am of the opinion that Tian Chua automatically loses his MP seat and a by-election should be called.

Shouldn't the judge be more concerned with spirit of the law?

I stand with you Karpal.You are the only one honest enough to interpret the law as it is.

This is no "Catch 22" situation.

It's a goof-up and somebody might as well admit it.


Purple Haze said...

This goof up once again demonstrates that the principle of separation of powers does not exist in Malaysia. Hence, we should not call ourselves a nation that abides by demcratic principles.

The leading question is why should the judge base his decision to avoid a by election ? Judgements should be made independent of political repercussions - a crime is a crime and the punishment should reflect the severity of the crime.

In the same vein, if there is evidence of no crime, the judges should also refrain from pursuing cases where the facts fails the fair standards of evidence.

SM said...

Bro HL,

We ALL know (whether we admit it or not) that there is no "separation of powers" in Malaysia lah. Or are our "blinkers" still on?!
The PM makes the decisions & he gets his stooges in the Judiciary (or someone like Lingam Correct Correct Correct does anyway), the PDRM, the MACC & the Special Branch to do the dirty work!

Purple Haze,

How true!