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Wednesday, September 04, 2019
Firefighter Adib and Seafield temple > Why no news about criminal action against 'lawyer' and/or developer who started it all? Explanation needed from Muhyiddin and AG?
A firefighter, Muhammad Adib Mohd Kassim, sustaining serious injuries..
died at the National Heart Institute on Dec 17, 2018, after succumbing
to injuries sustained on the night of riot in front of the temple
located in USJ Subang Jaya, Selangor.
The lawyers to the developer involved in the Seafield Sri Maha Mariamman
temple issue hired thugs that led to the riots, says Tan Sri Muhyiddin
Yassin ...The Home Minister said police investigations
revealed that the leader of the group which instigated the conflict was
handed RM150,000 by the lawyers, which was used to pay the thugs
involved from RM150 to RM300 each.
An inquest or an inquiry into that death is being conducted...and we are still waiting for the result...It is merely an inquiry, and the Magistrate will only decide on ....
337 Inquiries to be made by Magistrate (CRIMINAL PROCEDURE CODE (REVISED 1999)
A Magistrate
holding an inquiry shall inquire when, where, how and after what manner
the deceased came by his death and also whether any person is criminally
concerned in the cause of the death.
There has been a lot of public attention with regard to this 'inquiry' - We know where and when the death happened. We still do not know the 'manner the deceased came by his death'? But, be aware that the inquest can also end up with an 'open verdict' --- no conclusions as the cause of death ...no conclusions as to whether there are anyone 'criminally
concerned in the cause of the death'
Was any person(or company) 'criminally
concerned in the cause of the death'?
Well, the death could have been murder(Section 302 Penal Code), Culpable homicide by causing the death of a person other than the person whose death was intended(section 301) or even Causing death by negligence(Section 304A).
Now, forget not that Abetment is also an offence in Malaysia....and the abetor can be guilty even if the abetted did something different from intended...
107 Abetment of a thing(PENAL CODE)
A person abets the doing of a thing who-
(a) instigates any person to do that thing; (aa) commands any person to do that thing; (b)
engages with one or more other person or persons in any conspiracy for
the doing of that thing, if an act or illegal omission takes place in
pursuance of that conspiracy, and in order to the doing of that thing;
or (c) intentionally aids, by any act or illegal omission, the doing of that thing.
113 Liability of abettor for an offence caused by the act abetted different from that intended by the abettor
When an act
is abetted with the intention on the part of the abettor of causing a
particular effect, and an act for which the abettor is liable in
consequence of the abetment causes a different effect from that intended
by the abettor, the abettor is liable for the effect caused, in the
same manner, and to the same extent, as if he had abetted the act with
the intention of causing that effect, provided he knew that the act
abetted was likely to cause that effect.
ILLUSTRATION
A instigates B to cause grievous hurt to Z, B, in consequence of the instigation, causes grievous hurt to Z. Z dies in consequence. Here, if A knew that the grievous hurt abetted was likely to cause death, A is liable to be punished with the punishment provided for murder.
The law was broken if the Company(or companies) and/or their agents( or 'lawyers') resorted to 'SELF HELP' by sending their people in the middle of the night to take possession and control of the Seafield temple... You cannot do that..A possibility that there will be resistance...even fights...even death and damage to property...is always there, is it not.
.In Malaysia, if the 'old owners' or others do not want to handover a property, you cannot use your own 'thugs' - but must go to the authorities and usually the Court Bailiff with the assistance of law enforcement will ensure that such properties are handed over to legitimate owners...[Same when you rent your house to someone, who then refuses to leave ...you cannot grab and throw him out yourself...you need to get the court to get the overstaying tenant to leave - NO self help in enforcing the law]
According
to our Home Minister, as reported in November last year) it was the 'lawyer of the developer', an agent of
the developer that allegedly 'hired' thugs - MALAY thugs
The lawyers to the developer involved in the Seafield Sri Maha Mariamman
temple issue hired thugs that led to the riots, says Tan Sri Muhyiddin
Yassin ...The Home Minister said police investigations
revealed that the leader of the group which instigated the conflict was
handed RM150,000 by the lawyers, which was used to pay the thugs
involved from RM150 to RM300 each.
"Because they hired Malays to 'take care of things' at a Hindu temple, you can imagine the reaction it would trigger. ..."As
an example, imagine what would happen if you send Hindus to take care
of a mosque?" said Muhyiddin at a press conference here on Wednesday
(Nov 28).
THEREFORE, with regard the death of Muhammad Adib Mohd Kassim, would not this 'lawyer' and the 'developer' be also criminally liable for the death of Muhammad Adib Mohd Kassim.
Somehow, perusing media reports, we seem to see nothing seems to have happened to this 'lawyer', the developer....or others who may have started the whole 'riot', etc at the Seafield temple - we see reports of persons being charged for rioting, for being in possession with 'weapons',....so, again we wonder what criminal action has been taken against the developer, the 'lawyer' - noting also that our Home Minister did tell us that 'police investigations
revealed that the leader of the group which instigated the conflict was
handed RM150,000 by the lawyers, which was used to pay the thugs
involved from RM150 to RM300 each....'- Malaysiakini, 28/11/2018(Muhyiddin: Developer's lawyers hired men to secure Seafield temple)
Perusing the media reports - we know of many who have been charged for rioting, in possession of weapons, obstructing policemen,...
So, maybe the government ...maybe the Home Minister must explain what criminal action has been taken against the 'Developer'...the 'lawyer'...who police investigation revealed had paid money...hired 'thugs' ...and it was this action that started all the problem at Seafield temple...
No criminal charges? Was the company only made to pay some 'compound'? Or no action at all...Or did the Home Minister give us 'fake news'...Some clarification is needed...
After the Seafield incident, focus went to the inquiry into the death of the firefighter...then there was the issue of the lawyer representing the family (and also the Ministry)...then the lawyer was removed as the lawyer representing the Ministry(or government ...now apparently some action is taken against the Attorney General Tommy Thomas concerning that removal of the lawyer -Adib’s family gets nod to cite AG Tommy Thomas for contempt(Malay Mail, 27/8/2019)
But, are we being distracted from the real issue - who started or caused that 'riots' which at the end of the day resulted in the death of Muhammad Adib Mohd Kassim...
Malaysian would want to know whether some companies and persons can escape after breaking the law? What happened? PLEASE explain...
We are all very concerned about how Adib died - and who was responsible --- but let us not forget about the ones who started the entire problem ...
Was that person really a lawyer, referring to what Muhyiddin said? If so, should not the Malaysian Bar also be taking action? If really not a lawyer, should the Home Minister apologize and clarify matters...was he a practicing lawyer or maybe he was just some 'legal officer'(not a lawyer)? Either way, the government be it the Home Minister or the Attorney General need to provide some explanation...to erase doubts in our minds?
PETALING JAYA: Four men who were allegedly
involved in a scuffle over the relocation of a temple in Subang Jaya
have been charged with rioting and using dangerous weapons at a
magistrate's court here.
The four, Muhammad Ridzuan Sekh Ruslan, 26; Irwan Nordin, 38; Mohd
Khairi Abd Rashid, 24, and Rozaihan Jamaludin, 38, later claimed trial
before magistrate Nor Ariffin Hisham.
They were jointly charged, together with several others still at
large, for being present during the riot and being in possession of
weapons such as axes and machetes.
They offences were allegedly committed at the Sri Maha Mariamman
Temple at USJ 25, Seafield in Subang Jaya between 2am and 5am on Nov 26.
They are facing charges under Section 148 of the Penal Code which
provides a maximum of five years' jail, a fine or both if convicted. - Star, 4/12/2019
Nine more men including a college student were charged at
the Petaling Jaya Magistrates’ Court here today for rioting with
dangerous weapons during the fracas at the Seafield Sri Maha Mariamman
Temple in Subang Jaya at the end of last month.
All of the
accused, aged between 20 and 44, pleaded not guilty after the charges on
them were read before Magistrate Nurshahirah Abd Salim.
They nine
are Muhammad Qayyum Mohd Faisal, Mohd Ashraf Mohd Faisal, Absal
Evastrie Abdullah, Muhamed Jalil Talib, Muhammad Khairol Anuar Zabidi
(the college student), Muhd Zamri Md Said, Shukri Razali, Afizal Sabtu
and Nor Azmi Abdul Ghani.
They are being charged together with
four other men who had been arraigned at Magistrates’ Court 1 here on
Dec 4 and several others who are still at large for rioting while armed
with machetes, axes, knives and clubs as weapons.
The acts were allegedly carried out at the temple in Subang Jaya here between 2am and 5am on Nov 26.
The
charges are under Section 148 of the Penal Code which provides for a
maximum jail term of five years or a fine or both upon conviction.
Earlier,
deputy public prosecutor Salim Soib who headed the prosecution team
offered bail at RM10,000 with one surety for each accused with the
additional condition of reporting to the police station every month as
well as surrendering their passports to the court.
Apart from
Salim, the prosecution was conducted by deputy public prosecutors Shafiq
Hasim, Amir Nasruddin and Fairuz Johari. The accused were not
represented.
The court allowed the nine bail at RM6,000 with one
surety each with the additional conditions of reporting to the police
station every month and surrendering their passports to the court until
the case is settled.
The court also allowed a prosecution
application to transfer the case to Magistrates’ Court 1 to be tried
with the other accused and set Jan 17 for mention of the case.
Earlier,
on Dec 4, four men including a One City Development Sdn Bhd (One City)
security guard pleaded not guilty at the Magistrates’ Court to the same
charges. - Bernama - Malaysiakini, 12/12/2018
Seafield temple: six charged with rioting and obstructing policemen
Jan 17 has been fixed by the court for mention. (123RF)
PETALING JAYA (Dec 24): Six men were charged with rioting and
obstructing police at the Sri Maha Mariamman temple in USJ25, Subang
Jaya, two weeks ago.
The NST reports that at the Magistrate’s court today M. Mani
Maran, 38; Mohammad Shahril Danniel Sajel, 22; Mohammad Saifullah
Abdullah, 31; Muhammad Hasneezam Shah Samsudin, 29; Akmal Izzat Aziz,
24; and Mohd Norul Ismawi Islahuddin 40, pleaded guilty to the charges
read before magistrate Mohd Ikhwan Mohd Nasir today.
Mani Maran, a sales marketing manager was charged jointly with M.
Elangovan, 34, and G. Daniel, 33, for causing grievous hurt to Sulaiman
Abdullah, 32, under Section 325 of the Penal Code.
He was also charged with obstructing police Inspector Muhamad Nazmi
Zulkafli, Sergeant Mohamad Faiz Abdul Rahim and Corporal Ahmad Zamram
Mat from performing their duties.
The daily reports that they were charged under Section 186 of the
Penal Code which carries a maximum penalty of two years’ jail and
RM10,000 fine.
Under Section 147 of the Penal Code, the offence carries a maximum penalty of two years’ jail and a fine.
Shahril Danniel, Saifullah, Hasneezam, Akmal Izzat, and Norul Ismawi
were jointly charged with participating in an unlawful assembly and
possessing machete, axe, and wooden stick as weapons during rioting.
Section 148 of the Penal Code carries a maximum penalty of five-year imprisonment and a fine.
Deputy Public Prosecutor Zhafran Rahim Hamzah requested that the court set bail at RM10,000 for each charge.
RM18,000 bail with one surety for Mani Maran; RM5,000 bail with one
surety for Shahril Danniel; and RM6,000 bail with one surety each for
Saifullah, Hasneezam, Akmal Izzat, and Norul Ismawi was granted by the
court.
A lorry driver was charged at the Magistrate's Court in Petaling Jaya
today with obstructing civil servants from carrying out their duties,
as well as rioting at the Sri Maha Mariamman Temple in Subang Jaya,
Selangor, a little more than a month ago.
M Chandran, 32, pleaded not guilty to the two charges read out before Magistrate Nurshahirah Abdul Salim.
A
group, including Chandran and several others who are still at large,
was jointly charged with obstructing Inspector Mohd Nazmi Zulkafli,
Sergeant Mohamad Faiz Abdul Rahim and Corporal Ahmad Zamran Mat from
carrying out their duties.
On the second count, Chandran was
charged together with 50 people, several of whom are still at large, as
being a part of a group using criminal force which prevented a police
patrol car from exiting the temple premises.
All
the offences were allegedly committed at the front entrance of the
temple located at USJ 25, Subang Jaya at 1.30pm on Nov 26 last year, and
they come under the purview of Section 186 and 147 of the Penal Code,
with each charge carrying a maximum jail term of two years or a fine, or
both, upon conviction.
Meanwhile, an unemployed man also
pleaded not guilty in front of Magistrate Mohamad Ikhwan Mohd Nasir for
mischief by damaging a vehicle at the same location, at 4.30am, Nov 25
last year.
A Janagan, 33, was charged, together with several
others still at large, with damaging a four-wheel drive Nissan Navara
with the registration number WVS 3776, belonging to the company Modular
Construction Technician.
The charge under Section 427 of the Penal Code provides for a minimum jail term of one year or fine or both, upon conviction.
The
court allowed Chandran bail at RM3,000 for both charges in one surety,
while Janagan was allowed bail at RM2,500 in one surety with an
additional condition to report to a nearby police station twice a month.
The court fixed Feb 15 for the mention of all the cases.
Deputy
public prosecutor Mary Phoon Keat Mee and Nor Baizura Mohd Saubian
prosecuted, while both the accused were represented by counsel R
Balamurali. -- Bernama - Malaysiakini, 14/1/2019
Construction worker charged with threatening attack on Seafield temple
Updated 3 months ago ·
Published on 29 May 2019 6:48PM ·
A CONSTRUCTION worker was charged at the
Kuala Terengganu Sessions Court today with eight counts of
terrorism-related offences, including threatening to attack the Seafield
Sri Maha Mariamman temple in Selangor.
Mahadi Mamat, 34, nodded to indicate he understood the charges, which were read out before judge Wan Azimah Yaacob.
According to the first and second charges, Mahadi allegedly sought
support for terrorist acts by issuing threats to attack the temple and
kill four Malaysians via the “Sejati Sejiwa” WhatsApp group.
He allegedly committed the offences in Kg Teris, Hulu Terengganu,
between January 7 and May 5, and was charged under Section 130J(1)(b) of
the Penal Code, or Act 574, which carries a life imprisonment or jail
term of up to 30 years, or a fine, and is liable to the forfeiture of
any property used or intended to be used in connection with the
commission of the offences, upon conviction.
For the third charge, he allegedly provided firearms training to
members of the “Sejati Sejiwa” group in preparation to commit a
terrorist act.
He allegedly committed the offence at the same location, time and
date, and was charged under Section 130F(a) of the Penal Code, or Act
574, which provides for a maximum jail term of 30 years and is liable to
a fine upon conviction.
For the fourth charge, he allegedly ordered members of the WhatsApp
group to commit a terrorist act, and was charged under Section 130F(b)
of the Penal Code, or Act 574, which carries a maximum jail sentence of
30 years and a fine upon conviction.
For the fifth and sixth charges, Mahadi allegedly obtained six pipe
bombs, a semi-automatic CZ 75 B pistol and 15 Luger 9mm bullets with the
intention of carrying out acts of terrorism.
He was charged under Section 130JD(1) of the Penal Code, or Act 574,
which carries a maximum jail term of seven years and a fine.
For the seventh charge, he allegedly recruited several individuals to
join the “Sejati Sejiwa” group to commit a terrorist act, and was
charged under Section 130E of the Penal Code, or Act 574, which provides
for a maximum jail term of 30 years and is liable to a fine upon
conviction.
For the last charge, he allegedly had in his possession materials
related to the Islamic State in his mobile phone, and was charged under
Section 130JB(1)(a) of the Penal Code, or Act 574, which carries a
maximum jail term of seven years and a fine, and is liable to the
forfeiture of the items in question, upon conviction.
Deputy public prosecutor Mohd Izhanudin Alias prosecuted. The accused was not represented.
The court fixed July 9 for mention of the case. – Bernama, May 29, 2019. - Malaysian Insight, 29/5/2019
Seafield temple riots: 28 cases still under investigation, 36 'no further action'
Published:
| Modified:
Four out of 68 investigation papers opened on the Seafield Seri
Mahariamman temple riots last November have resulted in criminal
charges, the Home Ministry said in a statement today.
Twenty-eight
of the cases are still under investigation, while 36 other
investigation papers have been classified as 'no further action'.
A total of 106 people were arrested over the riots and to date seven have been charged in court.
In
the early hours of Nov 26 last year, a group of thugs, allegedly hired
by the developer that owns the disputed land on which the temple is
located, had tried to take control of the site.
This
led to a clash with Hindu devotees in the temple that escalated into a
riot. The developer has denied hiring thugs to take back the land.
The
following day, tens of thousands of supporters gathered near the temple
in a show of force and a second round of rioting broke out.
The second round resulted in a firefighter, Muhammad Adib Mohd Kassim, sustaining serious injuries.
Adib
died at the National Heart Institute on Dec 17, 2018, after succumbing
to injuries sustained on the night of riot in front of the temple
located in USJ Subang Jaya, Selangor.
A coroner's inquest into his death was ordered after conflicting versions of the cause of his death emerged.
One version claimed he was hit by a vehicle while the other said he was beaten by a mob. - Malaysiakini, 11/7/2019
337 Inquiries to be made by Magistrate (CRIMINAL PROCEDURE CODE (REVISED 1999) A Magistrate
holding an inquiry shall inquire when, where, how and after what manner
the deceased came by his death and also whether any person is criminally
concerned in the cause of the death.
I hope the Jalan Ipoh reduce the criminal case
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