Monday, June 21, 2010

Which Come First The Law Or The Judge's Intention ?

Hantu Laut

There would be no need for a by-election as the judge is very clear in what he says.He doesn't want another by-election.

Than! why not fine him below RM2000?

Below is the relevant section of the Penal Code that Tian Chua is charged with.

Voluntarily causing hurt to deter public servant from his duty.

332. Whoever voluntarily causes hurt to any person being a
public servant in the discharge of his duty as such public servant,
or with intent to prevent or deter that person or any other public
servant from discharging his duty as such public servant, or in
consequence of anything done or attempted to be done by that
person in the lawful discharge of his duty as such public servant,
shall be punished with imprisonment for a term which may extend
to three years or with fine or with both.

Do you see any minimum fine stated therein.I believe, the amount is at the judge's discretion.

Tian Chua a happy man.The BN happier still.
There is no need for the BN to fight another by-election which in all likelihood they will lose.The only unhappy people are the leaders in Pakatan Rakyat.Can't show off their rising popularity.

So, which is supreme, the law or the judge's intention?

I am confused!


eddy said...

Must be the Constitution ...the Law, Bro and I think the AG Gani Patail should come up with his learned opinion to stop all these confusion.

Personal Injury Lawyers Liverpool said...

eddy point is good...

SM said...

Bro Eddy / Bro HL,

There won't be a by-election...wanna bet?

Hantu Laut said...

That's what I predicted.

eddy said...

Bros, MCA and Gerakan will heave a great sigh of relief if there is no by-election that I am sure.

However, because the Speaker is Pandikar Amin I think he will declare the Batu Seat vacant and the EC must hold the by-election. The Perlembagaan is very clear on this.

SM said...

Bro Eddy,

The Speaker will do whatever Najib & the BN tells him to do.