Friday, August 10, 2012

Judgement Not For The Laymen

Hantu Laut

Before I proceed further let's visit one very angry Malaysian here. His fury, a judgment pronounced by, no less, the President of the Court of Appeal on a rape case that have sent ripples across the nation.

Many of you, particularly, those in management or stakeholders in businesses, must have read the book "Peter Principle" by Dr Laurence Peters and Raymond Hull. 

I read the book in the early seventies when I was still a young man just starting out in the business world. I had, in my later years, the opportunity to witness "Peter Principle" inherent in my own organisation. People getting promoted to their level of incompetence.

Out of their ubiquitous observation they have come to a conclusion that in almost every organisation "employees tend to rise to their level of incompetence"

How the judiciary promotes its judges and what criteria used I have no idea.

I will not question the judgement as there may be other factors and circumstances that we are not privy to. 

However, the comment by the judge or ground for judgement is discomfiting to the layman.

Should a famous person be reprieved from punishment under the law? Was his age and his whole future the ground for such leniency?

Malaysia have had many statutory rape cases and many of those charged had been given long imprisonment. 

Recently, squeaky clean Singapore had a child prostitution scandal that rocked the nation and shaken its political and economic elite. Paid sexual favours from a child prostitute by businessmen, bankers, civil servants and uniformed officers.

Among those charged was prominent Singapore socialite Howard Shaw, the grandson of Runme Shaw who was 41 and had 2 daughters from his previous marriage when the crime was committed, the girl was under 18. Actually she was 5 months short of her legal age. 

It would be considerable feat to tell the difference between 17 years 7 months old and an 18-year old.

Howard Shaw was given 3 months sentence but is out on bail pending appeal. Story here.

The Singapore case may not be exactly the same as the Noor Afizal's case. He committed the crime when he was 18 and the girl 13. Malaysia's age of consent for sex is 16.

Has the judge erred in his judgement ?

Well, if I am not wrong the prosecution can still appeal to the Federal Court.

Read here one very angry woman, always angry with the government and the judiciary. 


Anonymous said...

Judgment is the correct spelling. Not judgement.

Gram Kong said...


Hahaha! teaching the duck how to swim.If you want to know, "Judgement" is a variant spelling of judgment.