To continue my opinion about the law of Malaysia, I came across many news reporting recently about suspects were acquitted by the Judge/Court because the prosecution failed to prove prima facie. This is of course more on the criminal cases. A few things came into my mind pertaining to this issue.
Firstly, the failure of the prosecution to establish prima facie of a case is not the failure of prosecution alone, but it is also the failure of the citizen to co-operate with the prosecution. This issue is quite common in Malaysia but the citizen of Malaysia tend not to bother about it and just love to point their fingers, blaming the prosecution for their ‘failure’. We as Malaysian, failed to do our part. Why? Let me give you a good example. It was one of the mornings last year that my brother’s shoes was stolen and we were all upset about it and wonder when and how did all these happen. Only in the afternoon, my brother’s neighbour told us that she saw 2 man came in by climbing through the fence and within 10 minutes, they were gone with all the shoes. She saw them and she said she saw every moment of that robbery and didn’t make a sound. She admitted it PROUDLY. Let say the police caught the robber do you think she is willing to be the witness? Without the key witness, do you think the prosecution can establish prima facie in that case?
Secondly, it is quite pointless to discuss how to make the existing law better if we can not fully utilize the existing law now. There is no perfect law in the world except God’s. Look at this case; don’t we have a good law with regards to robbery under the Penal Code? But what good it is if the enforcement part or the prosecution part is not done well?
Thirdly, as I kept on reading something about acquittal of cases due to technicality, due to failure to establish prima facie by the prosecution and so on, I started to doubt about the prosecution’s ability although I always thought they are the BEST. I thought they are the BEST because getting in to the AG Chamber, work for the government is so difficult although they keep on telling us that they are lacking of people, etc. etc. But, if you are one of the bumiputra, your chance of getting in is much higher. I always wanted to be part of it but it seems that I am not good enough for them. So, it is quite disappointed to read in the newspaper again this morning about 2 suspects (murderers) were being acquitted. Do you feel comfortable to have so many “ex-suspects” wandering around the streets? Well, the typical Malaysian mentality tells me, you don’t really care. Hahaha…
Firstly, the failure of the prosecution to establish prima facie of a case is not the failure of prosecution alone, but it is also the failure of the citizen to co-operate with the prosecution. This issue is quite common in Malaysia but the citizen of Malaysia tend not to bother about it and just love to point their fingers, blaming the prosecution for their ‘failure’. We as Malaysian, failed to do our part. Why? Let me give you a good example. It was one of the mornings last year that my brother’s shoes was stolen and we were all upset about it and wonder when and how did all these happen. Only in the afternoon, my brother’s neighbour told us that she saw 2 man came in by climbing through the fence and within 10 minutes, they were gone with all the shoes. She saw them and she said she saw every moment of that robbery and didn’t make a sound. She admitted it PROUDLY. Let say the police caught the robber do you think she is willing to be the witness? Without the key witness, do you think the prosecution can establish prima facie in that case?
Secondly, it is quite pointless to discuss how to make the existing law better if we can not fully utilize the existing law now. There is no perfect law in the world except God’s. Look at this case; don’t we have a good law with regards to robbery under the Penal Code? But what good it is if the enforcement part or the prosecution part is not done well?
Thirdly, as I kept on reading something about acquittal of cases due to technicality, due to failure to establish prima facie by the prosecution and so on, I started to doubt about the prosecution’s ability although I always thought they are the BEST. I thought they are the BEST because getting in to the AG Chamber, work for the government is so difficult although they keep on telling us that they are lacking of people, etc. etc. But, if you are one of the bumiputra, your chance of getting in is much higher. I always wanted to be part of it but it seems that I am not good enough for them. So, it is quite disappointed to read in the newspaper again this morning about 2 suspects (murderers) were being acquitted. Do you feel comfortable to have so many “ex-suspects” wandering around the streets? Well, the typical Malaysian mentality tells me, you don’t really care. Hahaha…
- my opinion only [strictly without prejudice] -
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