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10 APRIL 2024

Tuesday, August 21, 2012

Evidence Act's 114A: Burden of proof on gov't


VOXPOP 'AG Abdul Gani Patail's explanation is not necessary. The amendment is a travesty of justice. It is as simple as that.'

Hisham: AG will explain Evidence Act amendments

vox populi small thumbnailFerdtan: Here's Police 101 to trap an opponent of the BN government using the Evidence Act.

While the website owner is asleep (where moderation is not done), anonymously key in seditious comments at 3am and by 6am, the police would be at your doorstep with evidence downloaded at 4am.

When Home Minister Hishammuddin Hussein reassured 'right-thinking' users not to worry, it's time to worry. Everyone of us can be arrested for sedition - all it needs is for the attorney-general to decide - if the enforcement authority so wishes.

Odin: AG Abdul Gani Patail's explanation is not necessary. The amendment is a travesty of justice. It is as simple as that. Just admit that it has been drafted and passed in haste, and repeal it.

Kgen: If an online article appears with your name and photo depicting you as the author you are deemed to be the author unless you can prove otherwise. Let's test this.

How about an article criticising royalty with Hishammuddin as the author and let him prove he is not the author?

Tekee: Hishammuddin is supposedly a lawyer himself but he cannot explain the amendment to the Evidence Act?

Actually the word "explain" here can be better substituted with "justify". He conveniently passes the buck and the assured hazard of attempting to justifying a bad law.

Not Convinced: Our worry is not just the bad laws, but whether they are used selectively by the government.

Will it be the case of Perkasa's Ibrahim Ali and Jati's Hasan Ali being left off the hook, while the authorities go after the likes of DAP's Karpal Singh and Malaysiakini cartoonist Zunar?

CN Yee: Does Hishammuddin mean the law is not how it is stated, without any ambiguities? So that law is subject to the 'explanation' and 'interpretation' of the AG?

The Bar Council and various experts have already explained what Section 114A of the Evidence Act means based on how it is stated. How can the AG's 'interpretation' be any different?

Boom Boom Pow!: I once met a Malay entrepreneur who said he had the opportunity to engage in a conversation with Hishammuddin. His description was that Hishammuddin seemed kind of dense and lacked thinking skills which should befit a person of a minister's position.

Will I get arrested for sharing this? - Malaysiakini

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