Having the power to choose when to charge someone and when not to, and to charge under what section and for what offence is a very BIG power, which has to be exercised HONESTLY, reasonably AND JUSTLY, not affected by any past, present or future consideration save the facts and evidence available before him. Like the JUDICIARY, the Public Prosecutor (Attorney General) need to be independent - and not behave like an agent and/or an arm of the executive. 31 persons charged for 'attempted murder'. I see this as being a case of a charge being made with 'bad intentions" and meant possibly to SCARE other persons into not participating in future peaceful assemblies and protest. You cannot do this to these 31 persons - by this unreasonable charge of "attempted murder" and also the denial of "bail" (meaning they will have to languish in remand prison until their trial is over). SENTENCES can be used as a deter ant - and that is only after a person is found guilty. Charging a person of committing an offence which carries a high penalty, or the imposition of a high Bail amount (or no Bail as in this case) are not things that you can or should use as deterrents. Let us not forget that a person is presumed innocent until he is proven guilty. That means all these 31 persons are at present INNOCENT and should be treated as such.... Our Public Prosecutor (Attorney General) seems to have forgotten his role and purpose. He behaves like the Prime Minister or government or the POLICE. He is confused. A legal remedy must be made available to those who have been wrongly charged - Compensation must be made available for these persons not just the losses they suffer by reason of such charges (including also the loss of liberty). What happens to the family and dependants of these 31? How may children have been affected here - and this is important as Malaysia is a signatory to the Child Rights Convention - and the welfare of the child is of paramount consideration - and I wonder whether this was even considered by the courts when they decided not to grant bail. (Remember, a person charged with murder can also be granted Bail - and it has happened here in Malaysia - why not in this case of this 31? Was it because of their economic standing? One wonders.... I urge the Public Prosecutor (Attorney General) to re-consider the charge of "attempted murder", and withdraw it. I urge the Public Prosecutor to at least withdraw his objections to BAIL - and urge the court to allow these 31 persons be released on bail. I call upon the Public Prosecutor to remember his role and function - and the need for him to be independent and also to act in an independent manner. Who are the Hindraf 31? |
Soon Li Tsin | Dec 15, 07 3:41 |
Car-tinter S Sures, 18, was among those charged with attempted murder of police officer Dadi Abdul Rani during a demonstration at Batu Caves in the early hours of Nov 25, just before the mammoth Hindraf rally which rocked the city. Some are students, while a few are lorry drivers, and together they have a monthly estimated income of between RM500 to RM2,000. A number of them are expected to lose their jobs as a result of their long absence from work. To compound their plight, some of their lawyers who are representing them, including Hindraf legal adviser P Uthayakumar, had been arrested under the Internal Security Act, which allows for detention without trial. |
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