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Sunday, August 12, 2012

Malaysian Laws like Spider Webs?


“Laws are spider webs through which the big flies pass and the little ones get caught.” Honoré de Balzac


Free Malaysia Today (FMT) - ‘Court should not use powers of contempt to jail blogger’


Lawyers group, Lawyers for Liberty (LFL) said the decision to imprison the blogger reinforces the public perception that justice is only meant for the rich, powerful and well connected. 
“In this case, the court has failed to temper justice with mercy and has acted in a harsh and disproportionate manner – a decision that unfortunately can only reinforce public perception that “justice” is only for the rich, powerful and well connected,” said LFL . 
It also wants the High Court to reconsider the circumstances that led to blogger Amizuddin Mamat acting in contempt of court that resulted in the latter being imprisoned.

KTemoc Konsiders - 5 years jail for RM70 theft


The Star Online reported in its news Jobless man gets 5yrs for stealing some beer that an unemployed man Zulhaidi Hamzah was sentenced by the Magistrates Court in JB to 5 years jail for stealing 11 cans of beer worth RM70 from a mini mart in Pasir Gudang. 
The loot apparently was 4 cans of Guinness Stout and 7 cans of Tiger Beer. 
That’s an over-the-top heavy handed judgement by the Yang Ariff. It’s monstrously out of proportion to the seriousness of the crime, more so when you consider heavier shit being committed by 'heavy metal' ar$eh#les in this country, none of whom has thus far been found guilty. 
But I suppose Zulhaidi ought to be at least grateful for not being slapped with a whipping sentence by the Syariah Court for the haram items. 
I am not f* impressed by the justice system.


The Puchong MP was responding to public outrage over 21-year-old bowling ace Noor Afizal Azizan who was released on a RM25 000 bond for good behaviour for the next five years instead of being imprisoned five years after he pleaded guilty to raping a girl three years ago The girl was 13 at the time of the incident.

KTemoc Konsiders - Lawmakers too easy on incest!
The Star Online - Father jailed 15yrs for incest with teenage daughter 
That slimy slug received only 15 years jail and three strokes of the rotan. He would have been punished more severely if not for the disgraceful act of Parliament in lightening sentences for such slugs – read about that in my 2006 post Parliament reducing sentence for incest 
Then I had written: ... the biggest disgrace has been its proposed amendments to the conviction for committing incest. Incest with an underage child would also be aggravated rape. Currently incest carries a jail sentence of between 15 and 30 years with up to ten strokes of the rotan (cane)*. The committee now proposes to reduce the jail term to between eight and 15 years.
* that’s what that slug should have received, if not for Parliament



Oh, BTW, just a teeny weensy itsy bitsy question on another issue - when was Tan Sri Rahim Tamby Chik honoured by HM the Agong, earning the privilege of having the title Tan Sri?

7 comments:

  1. " The law is an ass.." ( charles dickens - in oliver twist )

    Even in those arab sharia law countries, none of those who got their hands chopped off or stoned or whipped are from the rich and powerful elite families.

    But the best is still here in good old malaysia....not only these impervious lawbreakers got off scot free, they seemingly also got rewarded, like one tanseri, wakakaka.

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  2. Finally, something on issues on the day. Has kaytee changed? Shall we tempt kaytee wifh this article about anwar being implicated if rci find incriminating charges that anwar involved in project ic. Kaytee blamed anwar the sole person who is responsible of bringing kataks into Sabah. This is getting fun. Kaytee may go on beer binges if anwar disgracefully resigned from pakatan. Of course, at the price of plunging pakatan, bn under najib would rule for Nong Nong time. Ah tiew chai will go scot free I guess
    It sadden that pairin, one of my hero has agreed that rci may do good to Sabah. Sure? I am hoping that PBS just leave bn now if they still have integrity

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  3. One of the reasons the Court of Appeals went easy on Noor Afizal Azizan was that the incident was really quite concensual. The girl admitted as much. She accompanied him to the hotel room, went through all the motions etc. A very mixed up girl.

    Regardless, sex with a minor is statutory rape, so Noor Afizal is guilty. But the court does have discretion to consider all the facts in deciding on the severity of the sentence.

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  4. Rahim Tamby Chik was rewarded Tan Sri for his services in producing a grainy black and white video for UMNO.

    You know, the one which premiered at Carcosa Sri Negara.

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  5. the defendant is a NATIONAL ace, not just any tom dick harry or mat rempit. he has repented, and giving him second chance would help the nation to win olympic gold in the future. gobind should think about himself on defending murderer cum rapist back then.

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  6. This is just out of curiosity - in the not too distant past, countries such as China and India had this cultural practice of marrying off prepubertal girls (under the age of 12 years) to adult males. If, in this instance, the adult husband were to have sex with the child bride, is it considered statutory rape?

    Is it the practice then for the child bride to be still kept back with her parents until she reached the age of majority before she was given a send-off to the groom?

    Is there any expert on such cultural matters who can comment on this?

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  7. Curious Kat, some Chinese families of yonder days (pre 1900) practised such, marrying or rather, "pledging" their children in marriage, sometimes even before birth (eg. if I get a son or daughter, and you get a daughter or son, let's marry them to strengthen our family ties) BUT there was no sex involved (they still lived with their respective family) UNTIL the proper ceremonial marriage, usually after puberty (16-ish) so the question of statutory rape didn't exist. Even if the girl was sub-16, the concept of statutory rape couldn't apply because of marriage, and, in the case today in Malaysia, not sex between two unmarried individuals.

    Interestingly, wouldn't the sex between those two individuals be an offence under Islamic law?

    Just curious to know who the man's parents are?

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