Wednesday, September 21, 2011

PM should respect right to fair trial - and attend as witness when subpoenaed

I just hope that our Prime Minister does not again set a bad example to all Malaysians, and do respect the right of  an accused person to a fair trial, which includes the right of being able to advance all available defences and call all witnesses that the accused wants to call in their defence...

The judge should also allow the defence to adduce all evidence - and only decide to take it into consideration or not at the end of the trial. 

Judges should never prevent the accused person from being able to call witnesses or to ask questions. 

Remember also that the accussed do have a right to appeal to the Court of Appeal, and thereafter to the Federal Court - and these judges at these appeal courts (not court of first instance) will generally only be looking at the notes of proceedings at the High Court when they decide. 

What may be irrelevant to an High Court judge may turn up to be most relevant to the judges of the Appeal courts - so that is why Judges at the courts of 1st instance must generally always allow the accused person to call any witness they want, and ask any questions...

Our PM already set a 'bad example' when he apparently did not want to meet and talk with the lawyers of the defence, forcing them to have to go to court to get an order of court to compel him to meet with the lawyers of the accussed...

And, then again he went to meet them but allegedly refused to answer questions - why? PM, do you not believe that an accused person has a right to defend themselves, and a right to a fair trial... 

And, now there are also rumours that you may even want to avoid being a witness in court... Please, just go to court and be a witness and tell the truth... Remember, taking the stand as a witness during the defence case does not make you 'pro-Anwar'  or 'pro-accussed"...

PM, in my opinion, on the other hand, if you refuse to take the stand as a witness when subpoenaed gives a very wrong impression to the public at large that you do have something to hide... 

I do hope that the news report below is wrong and that our PM will set the best example by attending court as a witness, when subpoenaed to do so... After all, you have nothing to hide...and all you will be required to do is to answer questions truthfully...

Najib, Rosmah seek to strike out subpoena
Sep 21, 11 1:24pm
 
Prime Minister Najib Razak and his wife Rosmah Mansor are expected to file an application to strike out subpoenas compelling them to appear as witnesses at PKR de facto chief Anwar Ibrahim's on-going sodomy trial.

A source informed Malaysiakini that the couple intend to file their application today.

Details surrounding their application however remain unclear. It is also not known what time they will be filing their application. - Malaysiakini, 21/9/2011, Najib, Rosmah seek to strike out subpoena

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