If You Don't Know The Law, Don't Talk........

Hantu Laut

If you don't know the law, don't talk!

Obviously, the defence lawyer is talking cock here and Malaysiakini talking bigger cock here.

The whole idea is to mislead Malaysians, the unthinking society.

Malaysians are easily swayed by what they read or hear.

The CJ is right here.

Malaysia is not short of half-past-six lawyers.

Illegally obtained evidence is also called "fruit of the poisoned tree"

What constitutes illegally or improperly obtained evidence?

It is a fundamental principle of English law and a requirement of the European convention of Human Rights that in a criminal trial, the prosecution bears the burden of proving the guilt of the accused. Article 6 European Convention of Human Rights requires a presumption of innocence on the accused. To prove guilt, the prosecution must obtain evidence to support their position. The prosecution may resort to improper means to gather evidence in support of their position especially if obtaining evidence in conventional ways proves unfruitful.  

Is all evidence admissible?

In criminal proceedings, all relevant evidence presented by the parties is prima facie admissible as the UK courts have adopted an inclusionary approach towards evidence in order to favour the victim and ensure a fair trial. In a case in 1861 it was confirmed evidence is admissible even if it were stolen. The rationale for this approach is that the court considers the primary aim of the justice system to be the discovery of the truth and the unearthing of guilt. This is prioritised above the protection of the accused’s right to private life. Nevertheless the courts have discretion under s.78 Police and Criminal Evidence Act 1984 to exclude evidence which lacks relevance and which might, by its admission, endanger trial fairness. This contrasts with the exclusionary approach of the courts of the USA to illegally obtained evidence, which prioritises the need to deter the police from unconstitutional behaviour. Although the UK courts do not wish to encourage illegally methods to obtaining evidence on the part of the police, discovering guilt is prioritised. 

Real and confession evidence

Trial fairness may be endangered by the admission of unreliable evidence. English case law distinguishes between illegally obtained real and confessional evidence. Improperly obtained confession evidence, such as confessions obtained under torture contrary to article 3 ECHR, can be seen as inherently unreliable, however real evidence, although improperly obtained, such as evidence obtained through searches or covert listening devices, will remain reliable.

Our laws are mostly based on the English Law.  

Read more here.

BN On Death Throes ?

Hantu Laut

Haven't posted anything this past week, things haven't changed and getting sick of defending the indefensible.

I once was an ardent supporter of Prime Minister Najib Tun Razak's 1Malaysia, him trying to unite the different races in the country and trusting him as the man who could bring viable changes to a system that is insidiously killing the country, politically and economically.

It looks like we are becoming more rudderless than before. Like his predecessor he has fallen victim to UMNO greedy warlords and think that everything will be hunky-dory to continue the status quo. I scratch your back, you scratch my back in typical UMNO style.

Adding to his woes is a home minister who has a penchant for saying the quirkiest things and doing things "thick as two planks". Seriously, besides his two planks act this "Yang Berhormat" also needs to seek anger management therapy. Him getting physical against a man who claimed he was physically abused by him was recorded in a law suit against him. Angry man do not make wise decision and unwise decisions aplenty, the latest being stripping a poor Singaporean businessman off his permanent resident status. Though, I agree the government has the prerogative to cancel his PR, a bit of leniency and compassion over heedless and unintentional mistake sould suffice with a slap on the wrist. 

To err is human, to forgive divine. 

I am not even sure if there was a breach of divine law here, or just the angst of a small fraction of Muslims.

Mecca, before the dawn of Islam was full of idols particularly the Kaaba, used as a place of worship for the deities of Arabia's pagan tribes. When Islam took over Mecca they demolished the idols but not the buildings. The Kaaba now stands as the holiest shrine of Islam.

From the quirkiest to the smuggest, a minister of tourism who broke all conventions and claimed he was right to appoint his son as his special officer in his ministry and the conviction of righteousness came in the form of salary paid from his own pocket.A bumptious and opinionated ass who forgets the ministry is  not his personal fiefdom, but property of the people. It's fine if it was his "SDN BHD" He can do what he likes! Nobody cares!

If the quirkiest and the smuggest not enough to piss you off, try the scummiest of excuses, using religion in furtherance of racial domination. When the empire strikes back protecting the sanctity of Islam, more often than not, it's for racial consumption rather than religion.

PAS, whom I thought was the real fundamentalist looked more and more coy and innocuous. PAS leaders must be watching the show from the sidelines with their tongues hanging out in disbelief.

Bak kut teh, dogs, surau and improvised temple add more fun to a growing list of DOs and DON'Ts against Islam, an official religion but not constituted law of the country.

Any Muslim slighted over the slightest slight can lodge a police report and you are in a deep shit. The police will react faster than the bullets they used to shoot down criminals, because it is easier to find you and harder to find criminals.

The reason crimes on the rise, the police can't find the criminals, they outsmarted the police.

The EO (Emergency Ordinance) and ISA (Internal Security Act) had been blamed for the rise in violent crimes. The Home Minister claimed there were over 2000 hardcore criminals released when the EO was repealed and over 200,000 criminal foot soldiers are now working for these crime chiefs. 

New York City is a huge city compared to KL and had no EO or ISA, how come Mayor Rudy Giuliani succeeded in bringing down organised crimes in the city? Triad infested Hong Kong had no EO or ISA, how come they can clean up the city of big crimes making it one of the safest cities in the world today. Singapore, another gangster infested city before is now almost crime free and another one of the safest city in the world. 

How come our Home Minister is more interest in protecting the police than looking at the problems with an open mind and finding real solutions?

As they say "if there is a will, there is a way"

Someone asked me the other day "with is wrong with Islam today"? 

It is not Islam the problem. Muslims are root of the problems. Muslims are the trouble with what happened to Islam today. Muslims have become easily humiliated, use religion as a tool to retaliate and have become arrogant and self-destructive.

The current government is heading the same way, its arrogance will lead to.......self-destruction!

They do everything to agonise, antagonise and caused people's antipathy toward them.

The have lost the popular vote, completely lost the Chinese supports and lost the urban Malay votes.They have only one more thing to lose....the next general elections, as sure as the sunrise, if Najib keep dragging his foot on his transformation policy.

As proven in the past two general elections without Sabah and Sarawak the rural Malay vote bank in West Malaysia is insufficient to keep them in power. I expect the KDM in Sabah and Dayaks in Sarawak to abandon the BN in the 14th GE. They may also lose significant number of UMNO seats in Sabah.

As I have said before and still bear the same opinion, BN will lose in the 14th General Elections, unless some sort of miracle happened.

It better be soon!

Crime Has No Statute Of Limitations

Hantu Laut

The 1974 killing of the IGP was never solved.

Questions are still being asked but Prime Minister Datuk Seri Najib Razak was reported to have said a couple of years back, it would be difficult to reopen the case as "it happened a long time ago."

Someone should tell the now Prime Minister that crimes have no "statue of limitations"

Onerous, is on the police to solve murder cases, but when luck ran out and lackadaisical attitude takes over the police ran into a brick wall. 

In the old days the police had better crime-busting work and higher rate of success.

Today, many high profile murder cases remained unsolved. The police found them too confounding to sleuth around and do a Sherlock. Detective work is also deductive work, needs not only lots of skill, but lots of passion to unlock the puzzle.

No justice system is perfect, innocent people have been sent to the gallows and the guilty have gone scot free, but police work to catch the perpetrators must not stop.A file can be closed, but should be reopened if new evidence surfaced. Serious crime has no "statute of limitations". Till death do us part.

Malaysian police seemed to have lost the passion for real detective work, depending too much on direct evidence rather than pursuing  circumstantial evidence where and when direct evidence is lacking. 

Collection of circumstantail evidence can become "colloborating evidence" that can establish or refute whether the accused is guilty or not.

The truth is, gathering circumstantial evidence is tedious and require much more police work than direct evidence and police investigators assigned to such work must have a nose for it, which is telling why many murder cases have gone unsolved. 

Read below how the police lost its mojo.

Good Cops, Bad Cops And All

Malaysia Worries Over a Crime Wave

Contract hits raise concern over rising street violence

Two contract-killing attempts - one successful - on Malaysian streets have focused attention and growing anger on perceptions of a worrying rise in violent crime in the country, turning it into a political issue between Malays and Chinese as well.

An alarmed Prime Minister Najib Tun Razak held a press conference to say the government is prepared to give the police whatever is needed to fight crime and expressed concern over the spate of killings, saying it affected public confidence and increased fear with regard to security and serious crime.

In the most spectacular incident, banker Hussain Ahmad Najadi, 75, the founder and head of Arab-Malaysian Development Bank, was gunned down along with his wife on the street as they walked to his car. Hussain was hit in the chest and lower abdomen and died on the spot while his wife was hit in the arm and leg. She survived the shooting.

The second shooting occurred on July 27 when a gunman riding pillion on a motorcycle pulled up next to a car occupied by R Sri Sanjeevan, the head of a local anti-crime organization called MyWatch, and shot him in the chest when the car stopped at a traffic light in a town in Negeri Sembilan state. Sanjeevan remains in critical but stable condition in a local hospital.

The two incidents are hardly similar. For instance, there is widespread conjecture that Hussain was killed over a land deal gone bad, and Sanjeevan had publicly said he had identified links between policemen and drug dealers, and that he intended to make them public, and unnamed forces on either side of that equation may have attempted to silence him.

However, the shootings tie in with the widening spread of violence including a series of contract killings, such as that in April of the Customs Department director general, Shaharuddin Ibrahim, who was shot dead at a traffic light while being driven to work. The department's highest-ranking uniformed official and one who is believed to have gone after illegal schemes, his death is the focus of a task force that so far has turned up no suspects.

Nor are those alone. The Penang Institute has identified 38 gun murders between January and April of 2013, a shocking figure for a country unused to such carnage. Two street killings took place last week in addition to the shootings of Hussain and Sanjeevan. Street murders by gun have been averaging two a week, according to statistics. A 26-year-old Indian with a criminal record was shot and killed on the street today, according to local news reports. Read more.

Good Cops,Bad Cops And Bad Home Minister

Hantu Laut

Home Minister Zahid Hamidi shouldn't have jumped the gun and defended the police without any concrete evidence to support his claim. He rubbished talk of police involvement after allegation made by former IGP Musa Hassan of dirty cops in the force.

There are good cops, bad  cops everywhere and Malaysia is no exception. 

Zahid Hamidi being the minister responsible for the police force and internal security should have assured the people that he will leave no stone unturned to investigate the shooting and attempted murder of crime watchdog activist R. Sri Sanjeevan instead of defending the police blindly


It seems we are out of the frying pan and into the fire. After the vacuous and vapid Hishammudin Onn, I would have thought there would be a better man to helm this highly sensitive and important ministry. As Nelson Mendela verbalised "You don't have that idea when you are arrogant, superficial and uninformed" 

Is Zahid competent to be the Home Minister ?

Here, he said "I know Sanjeevan personally and I will make sure that there are no police involved in the incident" 

I wonder whether one can consider this as intelligent statement when a crime had been committed and the person is fighting for his life. How can he make sure dirty cops are not involved when the person has already been shot? Sanjeevan was shot soon after his attempt to reveal the names of dirty cops in the force.




The video that probably trigger off the hit against him.

Kuala Lumpur is now definitely a crime capital of the world. There have been too many drive by shooting and most cases remained unsolved.

Yesterday, another man fell victim to the assassin's bullets. Arab Malaysian Development Bank founder Hussain Ahmad Najadi was shot dead in his car and his wife who was with him injured. 

The hit on Sanjeevan must be by hired killer hired by someone who want to silence him. 

Dirty cops are the lowest of the low life and should be hunted down and brought to justice. 




In spite of the increase in organised and dangerous crime and spate of drive-by killings the police seem to be sitting on its laurel, preferring to direct its effort to prosecute opposition politicians and bloggers over trivial issues.

Example must come from the top, the IGP and Home Minister must adopt zero tolerance against dirty cops and criminals under their protection.

Manila Pooed On Itself Of A Pooh-Pooh Claim

Hantu Laut

Spain evacuated Sulu in May,1899 and on 26th August 1899 General Bates of the United States army concluded a treaty with Sultan Jamalul Kiram and the sovereignty of Sulu passed from Spain to the United States of America.

The status of Sulu had entirely changed by 1915 and the Sultan had by then been shorn of all temporal power and retained only the empty title of Sultan and certain religious jurisdiction exercisable only by the consent of the parties, a situation which is described by a letter to the Sultan dated 30th July 1920, from the Director of the Bureau of Non-Christian Tribes of the Department of the Interior, Manila.

After the death of Sultan Jamalul Kiram in 1936 the Philippine Government, the successors in sovereignty of the United States of America, decided not to recognise the continued existence of the Sultanate, according to a letter to the Governor of North Borneo dated 28th July 1936 from His Britannic Majesty's Consul General at Manila.

Those are extracts from a Judgement of Civil Suit 169/39 brought by Dayang Dayang Haji Piandao Kiram and 8 others against the Government of North Borneo.

Below, Article III of the Madrid Protocol affirming the exclusion and cession of North Borneo (Sabah) to the British Crown, administered by the British North Borneo Company.

"The Spanish Government renounces, as far as regards the British Government, all claims of sovereignty over the territories of the continent of Borneo, which belong, or which have belonged in the past to the Sultan of Sulu (Jolo), and which comprise the neighbouring islands of Balambangan, Banguey, and Malawali, as well as all those comprised within a zone of three maritime leagues from the coast, and which form part of the territories administered by the Company styled the “British North Borneo Company.” 

Read full text of the Madrid Protocol here.

There are more than sufficient documentary evidences in existence to prove Sabah no longer belong to the Philippines by their own assertion. 

Manila pooed on itself by flogging a dead horse.

Read "Revival of Sabah claim under review", a  nation run by eunuchs and sissies, their balls shrank when facing a Moro-nic threat.

Bumiputras Cheating Bumiputras

Hantu Laut

This is not the first nor will it be the last.Bumiputras cheating bumiputras.A family of crooks.Read story here.

This kind of ponzi schemes has been going on for sometime.There were number of cases in the past that have been brought to court yet gullible bumiputras still couldn't resist the temptation of these get rich quick money making schemes promising returns of anything between 5 to 50% a month.

Would anyone with the right sense believe there is such a business that can give such mind-boggling returns?

Such schemes also exist in the West, not forgetting the sleek Bernard Madoff who ripped off billions from his investors.In Malaysia most of the victims, for some unknown reasons, were low income bumiputras.

Obviously, it's either greed or ignorance.

Most of these illegal deposits taking companies were run by bumiputras and most of the clients were bumiputras.

The one in Sabah, caught and charged by Bank Negara, a few years back was a husband and wife team.The wife used purdah (veil) when she attended court. She wants to show she is pious and incapable of cheating.Beware of the pious crook in sheep clothing!

Read here and here and here.

Why are bumiputras so gullible?

For some strange reasons the crooks are prepared to take the risk knowing what they are doing is illegal.Maybe, the punishment of 3 to 5 years in prison is not enough deterrent compared to the millions they reaped from their illegal activities.

Do you know who are the most gullible people on earth? Read here the study by Harvard.

Crooks In Shining Armour

Hantu Laut

Money! The root of all evil ? It is also the root of all misfortunes.From Michael Milken, Ivan Boesky to Bernard Madoff, they all have the same weakness......GREED FOR MONEY and lots of it.

The man who should take the biggest blame for the biggest financial meltdown in history would have to be Alan Greenspan.The progenitor of the preponderance of deregulation.His deregulation of the financial system has brought mountains of credit mismanagement never seen before in the financial world.It will be a long and arduous journey to recover from these messy affairs.More dirt are coming out. More and more bankers and financiers have turned crooked trying to save their crumpling business empire.Some are just latent crooks that manifested over time.

The latest addition to the 'rogues gallery' is a Texan financial cowboy with the title of 'Sir', knighted by the island nation of Antigua and Barbuda, a dot so small on the world map you could hardly find it. With tons of money he probably paid for the knighthood.He practically bought half of Antigua and most of its politicians.This larger than life figure had donated substantially to sports and politicians including campaign funds for McCain and Obama.

Meet Sir Allen Stanford, big spender,financier, billionaire, con artist and fraudster. Here is his story.

Here are his sins:



Here are his victims:



The irony is everyone of them are philanthropists.So the next time you see a rich man donating to charity he may be donating other people's money.

Are there anymore safe investments left in this world?

DEMOCRACY AT ITS WORST

Hantu Laut

This has nothing to do about politics in Malaysia. This is about a bizarre official guidelines for sentencing of desperate criminals in the United Kingdom. A new official guidelines for judges to give lighter sentences to burglars and thieves who steal to fund their addiction to drug, gambling and booze even if they target vulnerable victims.

The recommendations were issued by the authority due to serious over-crowding in prisons. It is asking judges not to impose prison sentence on criminals who committed crimes under the guidelines.

So if you are pick-pocketed or they came to your shop to rob you, they would get away with just doing community work. What a pleasant and polite way to treat criminals. Wouldn't it be better if you can ask them to do your housework to repay what they stole from you?



Wouldn't it be nice to be such criminal, you can rob to get your fix and as punishment all you need to do is sweep the streets in your town for a few weeks or so and that's it, you have paid for your crime. You can repeat doing it if you wish.

What's happening to the Brits? Have they gone bonkers ? Read here.