June 28, 2010
THE TRICKERIES AND ANTICS OF MACC: What you saw currently 28 Jun 2010in a Jalan Duta Courts
by Din Merican
After writing my square yesterday about a shift of Judge in a Trial of Rosli Dahlan, you was determined to be benefaction in court this sunrise to comply a proceedings. Before that, you decided to check out how this brand brand brand brand new development would prejudice Rosli.
Reproduced below is what a fellow blogger as well as reputable counsel, Art Harun said:
First of all, you do not because they have been changing a Judge. This is unequivocally odd. The use is, when a conference is at an modernized stage, as well as when large hours have been spent upon a trial, a Judge will not be changed. Even if he is eliminated away, he would be asked to go upon to regulate over a case.
This is since he is a many appropriate chairman to decider a testimony, possibly to a admissibility or many importantly, to a weight to be since to a square of sworn statement (we call it probative value of a evidence).
This is since a Judge would have seen as well as celebrated a declare as well as his body language, his temperament, he refusal or eagerness to answer a subject as well as if he answers, his demeanor while answering. All these will be in his head. He decides whether to hold a declare as well as if he believes, how most he would hold which declare based upon all those things.Nobody else can do which though him. Because he was there.
If Rozillah (the brand brand brand brand new judge) takes over, she would have to begin de novo (meaning, all over again). Otherwise she would be handicapped since she did not have a opportunity to comply Kevin Morais as well as a rest of a bumbling c! lowns wh o a prosecution is calling witnesses.
If she did not begin de novo, she would have to rely upon a records taken by a former Judge. That is not good since she would not know a demeanour of a witnesses who were giving evidence. She would not see a persperate which ran down Kevins face, nor a awkward grin of whoever who was giving evidence.
So, to borrow a lawyers phrase, prima facie, Rosli will humour a prejudice. The previous decider would know as well as remember all of Kevins lies described in my previous article The Liar Kevin Morais Buried In His Lies, when he delivers his verdict. The brand brand brand brand new decider would not.
I can right away assimilate because DPP Dzulqarnain as well as DPP Suffian disrupted a well-spoken using of a conference upon a previous occasions by raising large objections. you can right away assimilate because DPP Dzulqanain sought to cancel a alternative days indifferent for a conference by giving a excuse which he indispensable to go upon holiday to Australia with his whole family, since these were dates which he had formerly concluded to. you can right away assimilate which these were only tactical maneuvers as well as delaying tactics to get Judge Abu Bakar Katar to be eliminated out.
MACC is frightened of a Truth
The MACC contingency be indeed fearful which their seven witnesses including a star witnesses, DPP Kevin Morais as well as Investigation Officer (IO) Saiful Ezral, have been stripped exposed in court as being possibly unsuitable or undisguised lying. Either which mental recall is private from Judge Abu Bakar Kattars thoughts or better still, send a Judge as well as get a brand brand brand brand new decider who has no such memory! That, in a nutshell was what all these maneuverings were about via a trial.
My conclusion was spot on. Rosl! is couns el, Dato K Kumaraendran, sensitive a brand brand brand brand new Judge, Puan Rozillah Salleh, which a Defence had written to a Chief Registrar looking which Judge Abu Bakar Kattar be called behind to interpretation this case. That Judge Abu Bakar Kattar himself had sensitive counsels benefaction upon a final conference date which there was no need for a Defence to write in as he, a Judge, would do so. Dato Kumaraendran additionally sensitive Judge Rozillah which a Prosecution had stated which a benefaction declare IO Saiful Exral is a final witness. If Judge Abu Bakar Kattar can return for 6 alternative cases, because cant he for this case?
The Customary Antics of DPP Dzulqarnain
To my amazement, DPP Dzulqarnain jumped up to demand which a brand brand brand brand new Judge, Puan Rozillah Salleh, should take over to control a box as well as interpretation it. DPP Zulqarnain cited assorted supplies of a Criminal Procedure Code as well as box laws to support his contention. To Dato Kumaraendrans amazement, DPP Zulqarnain afterwards pronounced which circumstances have altered as well as a Prosecution will right away produce dual some-more witnesses to clear because Puan Rozillah can still hear a case. It became so obvious which DPP Dzulqarnain was fighting tooth as well as nail not to concede Judge Abu Bakar Kattar to come back. It was so obvious which a MACC did not wish Judge Abu Bakar Kattar!
Judge Rozillah afterwards ruled which a subsequent conference date will be upon Sep 6-8, 2010. If a Chief Registrar allows Judge Abu Bakar Katar to come back, afterwards a brand brand brand brand new set of dates will be given. you saw far-reaching laugh upon a faces of a dual MACC DPPs, as if they had won a major battle.
I approached Rosli as well as saw a sombre look upon his face, which he fast altered to a forced grin when his poetic daughter as well as youngest son came to hug their father. The grin upon Roslis face could! not cen sor a concern as well as disappointment in his eyes. The disappointment flush when Rosli momentarily gave in to a lapse when he pronounced This is a single of a ironies of life. This box is about Ramli not me. Yet you was arrested as well as handcuffed until you bled, locked up overnight. you charged first even before Ramli. Ramli has been acquitted as well as you am still facing this!
As you walked down a steps of a court house, Rosli muttered faintly Dj vu- 6-8th Sep is only two-three days before Hari Raya Aidilfitri. They unequivocally wish to remind me what happened in 2007.
From 2007 to 2010: Case still unsettled
I afterwards satisfied which it was in Ramadan 2007 which Rosli was arrested, brutalized as well as produced in court to be publicly flustered only a single day before Hari Raya! Even at my age, you could take this heart tugging scene no more. you walked away from Roslis family initially feeling really unhappy with what you had only seen as well as heard. But afterwards you told myself which you contingency do something about this.
Wake-Up Fellow Malaysians: Justice Delayed is Justice Denied
I contingency let alternative caring Malaysians know about this: about MACCs trickeries; about changeable goal posts; about a injustices in a system; about a victimisation of an innocent man.
Malaysian Bar Council as well as Chief Justice: Recall Abu Bakar Kattar
I call upon a Bar Council defend your brother at law, call behind which Judge. you call upon a Chief Justice this is your chance to uncover independence; probity behind is probity denied.
Finally, if it is any comfort to Rosli, you would like to tell him what you am told about Judge Rozillah. Let me only imitate what Art Harun said:
I th ink you know Rozilah. She was a single of a Deputy Registrars of a Court of Appeal before. She is a decent lady. Hardworking too. And she was really really beneficial to everyone. She would go out of her way to help lawyers as well as she did which regularly with a smile.If you have been talking about a same Rozillah, you contingency say which you utterly admire her really.
Perhaps it is a blessing in disguise. So dont be sad, Rosli. Perhaps, there is a hikmah in all this. No trickery of a MACC can outdo Gods will- Man proposes though God disposes.
Letter & Opinion From Joe Public