Wednesday, June 29, 2022

Migrant Worker WHIPPED before High Court heard and decided on Appeal against conviction/sentence? Unjust? Contempt?

Just heard a migrant worker was WHIPPED even though there is an Appeal already filed, and yet to be heard  - and that Appeal to the High Court included the appeal with regard sentence. This means the HIGH COURT would have considered whether the sentence would have been reduced...and maybe whipping may be reduced or even no whipping....Mmmm


Was this an act of CONTEMPT against the High Court? Should not the WHIPPING be delayed until the High Court had heard and decided on the Appeal? Reasonably, I would say yes...Who knows, the High Court may even decide to ACQUIT - meaning no sentence.


Some say, the MISTAKE is the LAWYER's - he should have made an application to Stay Execution until after the Appeal is heard and decided... YES, I too believe the lawyer's failure to apply or ensure that the migrant worker is not WHIPPED until the Appeal is heard and decided upon by Court is serious - see PM Najib is not in jail even though convicted by High Court, had his appeal to Court of Appeal dismissed - and this is because he is enjoying a stay of execution of sentence until the appeal is done.

Sadly, the POOR and migrants may not have the same options because of poverty and lack of 'resources'...THUS, it may be JUST for the JUDICIARY to issue Directions/Orders to ensure no one is WHIPPED if there is an Appeal filed, and yet to be heard.

So, even if the 'incompetent lawyer' fails to apply for a Stay of Execution until appeal disposed off, the POOR including Migrants will NO MORE be WHIPPED until the Appeal is heard and decided by Court...

But wait, the law actually is CLEAR - no whipping until appeal heard and decided on...

311  Stay of execution pending appeal [Criminal Procedure Code]

Except in the case of a sentence of whipping (the execution of which shall be stayed pending appeal), no appeal shall operate as a stay of execution, but the Court below or a Judge may stay execution on any judgment, order, conviction or sentence pending appeal, on such terms as to security for the payment of any money or the performance or non-performance of any act or the suffering of any punishment ordered by or in the judgment, order, conviction or sentence as to the Court below or to the Judge may seem reasonable.

Well, the Appeal had been filed - so, how come that Migrant Worker was WHIPPED when the appeal has not yet been heard and decided upon?



See related posts:-

Whipping must be abolished - it is inhumane, it is torture,...34,923 poor migrants whipped (2002-2008)

JUDICIAL CORPORAL PUNISHMENT - MALAYSIA - how caning/whipping takes place

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