Monday, September 3, 2012

Judging The Judge: Deft Or Dumb ?

Hantu Laut

To err is human, judges can make mistakes, but the uproar against the judgement of two recent cases of statutory rapes is politically motivated, rather than concern for the law and the victims.

This country's politics has become the most bastardised in the region by one man's insatiable greed for power. Even the country's judges are not spared from politics, which leaves them opened to contempt.

Suddenly, every NGOs jumped on the band wagon to ridicule judges' decision on cases only peculiar to the judges and not the men in the streets.

True, the sentence must reflect the crime but there might have been extenuating circumstances that have caused the judge to consider a seemingly lighter sentence.

If one has an open mind and not become what the Malay called "Pak Turut"(follow blindly) the sentence passed by the judges is not as light as what the detractors made out to be.

In the case of national bowler Nor Afizal, the bound over sentence does not mean he gets off scot-free, a probationary period is attached to the sentence for good behaviour and should he during that period commits an offence he would face a tougher sentence for the new and initial offence. The judges also found there was no coercion, violence, brutality and the act was consensual, therefore, the non-custodial sentence. The Court of Appeal judges took upon themselves to alleviate the sentence.

In every profession there are those promoted to a "level of incompetence" and judiciary all over the world would have some sitting on the bench. 

Judges are human, they are not infallible, they can make mistakes. To err is human, to forgive divine. There is no point to continue disparaging the judges, let the law takes its course.

For the Malaysian judges who passed the judgement I salute them, they have shown they are humans and no lives have been destroyed on both sides.

Read here judging the judge.

4 comments:

SM said...

Bro HL,

Politically motivated? Yup, agreed. Because both sides of the Political divide (i.e. BN & PR) had jumped on the bandwagon to criticize the Judges.

However, I guess you do not have young daughters? So tell the Parents of these two girls that these idiot Judges gave the right judgement!

Gram Kong said...

SM,

I have 2 young daughters but they are well brought up and not stupid. The mother always talked to them of the danger of associating with boys at such tender age and thanks God they listened.

The parents are equally responsible for what happened to the daughter as the boy who screwed her.Though, ignorance is no excuse, an 18-19 year boy would have no understanding of rape when a girl consented to have sex with him.

For your information, there is not specific mentioned of statutory rape in the Penal Code, there are only Article 375 for RAPE and 376 punishment for RAPE, which is minimum 5 years and maximum 20 years imprisonment.

Unfortunately, like most pro-Pakatan supporters you failed to read the gist of my article.Did I not say judges can make mistakes?




Purple Haze said...

HL,

Yes, judges are human too and make mistakes but I think that their mistakes should not be made in the court of law.

In the case of the national bowler, he even admitted to the rape.

You quoted Article 376. If a layman such as yourself can look up the relevant law to find out what the penalty is, you would expect the judge to be able to do the same, I hope.

I just hope that the "punishment" meted out can be overturned upon appeal.

This is not about anyone's personal politics. It is the fair application of the law.

SM said...

Brto HL,

I think you know me better than that! You may have said that Judges can make mistakes but you also did say that you saluted the Judges for their Judgement.

In the case of the Bowler, I do agree that there was consent from the girl's side but in the second case, if I'm not mistaken, that guy used all sorts of means to "screw" (as you put it) the girl. Since the first case set a precedent, they let the second guy get away scott-free!

And it's nothing to do with being brought up wrongly or correctly as you so arrogantly (well you are an UMNO supporter right? So arrogance is a norm) insinuate here. Yes, ignorance of the Law is no excuse!

This is not an issue of Politics (as I said even the BN MPs were shouting for blood).

But then again, if you re-call a certain ex-CM from Malacca did the same thing. Not only he got away free but got the Opposition MP thrown into jail! I guess it's an UMNO & UMNO supporter thing? Rape & get away with it!