RM15,000 Bail Excessive - time to reform Bail in Malaysia

RM15,000 Bail - this is excessive. The purpose of bail is to secure attendance in court during dates fixed for trial, and this amount is most unjust. 

And this sum must be raised and deposited before the accused is let free.

RM15,000 

- is more than 20 months salary of a worker earning RM700 per month...

- is more than  3 months remuneration of a Senator

- is more than 2 months remuneration of a Member of Parliament.

3.  Remuneration of Members of Parliament. (MEMBERS OF PARLIAMENT (REMUNERATION) ACT 1980)

(1) The remuneration of Members of Parliament shall consist of-

(a) in the case of a member of the Senate, a monthly allowance of four thousand one hundred and twelve ringgit and seventy-nine sen;

(b) in the case of a member of the House of Representatives, a monthly allowance of six thousand five hundred and eight ringgit and fifty-nine sen;

What happened to the presumption of innocence until proven guilty...

This kind of bail sum is just unjust - remember one could be released without any bail or maybe even a token sum of RM1...

Maybe, court bail should be revised to be like 'police bail', where no actual money is needed -  where it is merely a guarantee of payment if the bail condition for attendance in court is violated without any good reasons... when the amount due and payable could be sought from the surety/ties 

One should not use 'bail' as a deterrent - or  as some form of 'interim punishment' ..

For the rich - such sums are no problem - but for the ordinary persons it is unjust and where will he find the money - go to the money-lenders...sell off the car or land? 

And this is not murder...or armed robbery or any serious crime - justice loving Malaysians must protest this disturbing trend of imposing high bail... 

It is embarrassing that the public prosecutors were pressing for an even higher bail amount - i.e. RM50,000. Our AG/Public Prosecutor must really step in and advice DPPs and POs not to push for such bail sums for not so serious crimes...

Prosecution division deputy head from Putrajaya Deputy Public Prosecutor Mohamad Hanafiah Zakaria, who was assisted by DPP Suhaimi Ibrahim and DPP Ishak Mohd Yusof, pressed for RM50,000 bail....Sessions judge Ikmal Hishan Tajuddin set bail at RM15,000 on one surety and fixed Oct 27 for mention and Dec 5 to Dec 9 for trial. Mat Sabu posted bail.

High bail also certainly affects one's right to be able to defend oneself and the right to a fair trial. After handing over RM15,000 to the court, where will I be able to get more money to pay my lawyer..and do the needful to prepare my defence...

We must call for reforms - no more such high bail...

Possible reforms-

a) Bail should not need to be immediately deposited in court but only be payable by the surety when the accused person violate the condition(or intention of the bail), i.e. not attend court on the stipulated date for no good reason.

b) Alternatively, bail especially for offences where the maximum sentence does not exceed 5 years, it should not be more than RM1,000. 

c) The exception would be when the accused person is NOT (i) a Malaysian or (ii) a permanent resident or (iii) a spouse/children of a Malaysian or (iv) a permanent resident or foreigner who do not have a job/business/profession in Malaysia, and who do not have a permanent address, which he has been staying at. Note for foreigners or locals accused of more serious crimes, courts could hold on to international passports if there is any reason to believe that there is a flight risk. Of course, it will be handed back if there is some good reason to leave Malaysia for a short period..

d) The exception would be when there is proof that the said accused person have been guilty of threats and/or harassment of victims and/or prosecution witnesses.

e) The court should have the power to increase or reduce bail amounts at any time based on the application of parties or on its own motion.

-- we need to think about these reforms a bit more...

BUTTERWORTH: PAS deputy president Mohamad Sabu has been charged in a Sessions Court here with criminal defamation against policemen and their family members who defended themselves against communist guerillas at the Bukit Kepong police station on Feb 23, 1950.

Mohamad, popularly known as Mat Sabu, claimed trial to the charge under Section 500 of the Penal Code.

Mat Sabu, 56, is alleged to have committed the offence during a speech at the Pusat Asuhan Tadika Islam (Pasti) Al-Fahmi, Markas Tarbiyah PAS in Padang Menora, Tasek Gelugor, between 10pm and midnight on Aug 21.

He also faces an alternate charge under the same section of the Penal Code with criminally defaming three policemen – Konstabel Marin Abu Bakar Daud, Konstabel Jaafar Hassan and Yusoff Rono – and their family members who defended themselves against communist attacks at the same police station on the same day.

The alternate charge alleged that Mat Sabu had made the allegations in the same public speech with the knowledge that the allegations might smear the good name of the policemen and their families.

The offence carries a jail sentence of not more than two years, fine or both.

Mat Sabu, who wore a black jacket over a T-shirt and black jeans, remained calm when the charges were read out to him.

The charge sheet was read together with a 14-page attachment, which is said to be a transcript of his speech delivered in Tasek Gelugor.

Prosecution division deputy head from Putrajaya Deputy Public Prosecutor Mohamad Hanafiah Zakaria, who was assisted by DPP Suhaimi Ibrahim and DPP Ishak Mohd Yusof, pressed for RM50,000 bail.

Defence counsel Mohamed Hanipa Maidin, who was assisted by Aminuddin Zulkipli, appealed for a lower bail, saying that the accused would not abscond from attending the court proceedings as he had attended other court proceedings in the past.

He also pointed out that the accused had co-operated with the police during the investigations into this case.

Sessions judge Ikmal Hishan Tajuddin set bail at RM15,000 on one surety and fixed Oct 27 for mention and Dec 5 to Dec 9 for trial. Mat Sabu posted bail.

About 60 supporters shouted Allahuakhbar as they accompanied him outside the court building.

Speaking to reporters outside the court, Mat Sabu expressed confidence that the trial would go on smoothly.

Later, Jelutong PAS division committee member Md Noor Md Ismail said Mat Sabu’s supporters passed the hat around and raised RM1,670 for his legal expenses.- Star, 22/9/2011, Mat Sabu charged with defamation