Wednesday, December 19, 2012

Bar Council Promoting Hearsay Culture

Hantu Laut

What's the big outcry about the lawyer who drafted S.Bala 2nd SD (Statutory Declaration)?

You don't need a lawyer to write your SD, you can draft your own SD as it is your own testimony. 

If you can write simple language, you certainly can prepare you own SD. 

When you lose your I/C, you need to swear an oath where,when and how you lose your I/C and to fulfill that requirement you need to have a statutory declaration. 

Most people do it themselves, but for more complex matters you may need a lawyer, but it is not mandatory that you must use a lawyer if you are confident of doing it yourself.

I am not sure whether Raja Petra used a lawyer for his SD, as he himself is a good writer, well exposed and are not ignorant of the many laws of this country. 

S.Bala may be dumber than a fifth grader, that's why he needs a lawyer to draft his SD and later changed his tune that he signed it under duress.

If you think you are not capable of writing it yourself, you may engage your friend who is better at writing to do it for you and all you have to do is to sign the SD in the presence of a Commissioner for Oaths as assurance that you are the actual person behind the SD.

In the case of S.Bala the question is not who drafted the SD but whether S. Bala was forced or coerced to sign the SD.

Did he sign it under duress, or was he the one who demanded that he be paid if they want him to change the SD?

He claimed he was paid and his testimony was confirmed by Deepak, who claimed he was the bag man, who arranged S.Bala to retract his 1st SD.

Both SDs of S.Bala and Raja Petra were based on hearsay and may not be admissible in a court of law. Heresay evidence is not acceptable in any court of law. 

It makes one wonder why some lawyers including the MOTHER of them all the BAR COUNCIL gives so much credence to the SD, which should have been destined to the rubbish bin and the makers charged for false declaration.

Any SD can be a work of fiction. Raja Petra and S.Bala SDs are not based on first hand knowledge but on stories provided to them by third party, who for all intents and purposes, might have been sent by the enemies of Najib with the cooked up stories.

It's mind boggling to think Rosmah Mansor had been that stupid as to attend the execution of Altantuya personally. That sounds more like a script written for Hollywood crime movie and the sad think is many Malaysians believe in the story.

I am surprise the Bar Council has jumped on the bandwagon in joining the witch hunt against the lawyer who was only doing his job for his client.

If the Bar Council had shown impartiality as defender of the law it would have advised the public to ignore the SDs of both Raja Petra and S.Bala from the day they were made public.

Unashamedly, the BAR COUNCIL is acting like an opposition political party with its own political agenda.


abdooss said...

A statutory declaration is a legal document defined under the law of Malaysia. It is similar to an affidavit...

and you are asking the Legal Experts to ignore a Legal Document? (I'm scratching my head now)

What is exactly the point you are trying to make, HL? Please go straight to the point. Thank You.

Purple Haze said...

I think Bala was under duress as simultaneous to the press conference for the 2nd SD, his wife and child were escorted to the Immigration Dept to obtained expedited travel documents.

Obviously, the Immigration Dept had been advised to get it done ASAP. Otherwise, how else can ordinary Malaysians like Bala's wife & child get out of the country in less than 24 hrs. Bala could not have gotten the travel docs so fast.

Someone got the Immigration Dept to expedite travel documents.

Someone wrote the 2nd SD as Bala's lawyer maintains that the 2nd SD was not written by him or Bala. In fact, the 1st SD took 2 months to write up, to verify facts.

In the Altantunya case, the 2 accused testified that they acted under orders. The judge did not seem bothered about asking who gave the order.

Something is just not right and any rational mind can see that someone is authority is covering up.

My concern is that the innocent people are goping to suffer because of this.