“Let punishment fit crime” amid concerns of perceived racial bias over court sentencing

 

IT IS often said, “Let the punishment fit the crime”. This means that a penalty should be proportional, appropriate and commensurate with the severity of the offense committed.

This implies that the consequences should match the wrongdoing – neither excessively harsh nor too lenient – thus, ensuring justice and fairness in the legal system.

However, this very notion is being challenged by the punishments meted out in recent cases that have the public questioning the workings of both enforcement agencies as well as the judicial system.

The first case involves two lovers who could not bear to be separated from each other so much so that the bus driver boyfriend had his amor seated on his lap while he was commandeering a heavy vehicle.

For this show of affection, Arif Fahmi Abd Salam, 36, was sentenced to one year in jail for reckless driving and also fined RM5,000 and disqualified from holding or obtaining a driving licence for five years by the Jasin Magistrate’s Court in Melaka.

The love-struck girlfriend, Nur Adila Najwa Ilham Ameerrullah, 21, was sentenced to six months in jail and fined RM5,000. She was also disqualified from holding a driving licence for five years.

‘Law harsh on Malays’

Magistrate Mazana Sinin ordered the pair who pleaded guilty to serve an additional two months in jail if they fail to pay the fines. Arif and Nur Adila were charged under Section 42(1) of the Road Transport Act for reckless and dangerous driving.

Compare and contrast this with another case where a lorry driver went berserk over a misunderstanding regarding a restaurant bill.

The lorry driver, P Mahendran, 31, seen in a viral video chasing a police officer while wielding a weapon at a restaurant last week was fined RM9,100 by the Magistrates’ Court in Telok Datok, Selangor.

Magistrate Maslinda Selamat imposed the sentence after the accused pleaded guilty to four charges. She also ordered the accused to serve 22 months’ jail term in default of the fine.

Now, the narrative making the rounds is that the cops and courts seem to dispense justice based on race.

Why a punitive sentence for a couple being overly touchy-feely albeit while driving while the rowdy restaurant customer who chased police officers with a parang no less and caused damage to a government vehicle is slapped with a mere fine?

Rightly or wrongly, the narrative being peddled by some rightist influencers and commenters is that the law is harsh when dealing with Malay offenders but is lax when punishing “other races”.

There have been other recent instances which have been raised as evidence of such bias in the justice system but let’s focus on the above two.

Urgent need to address public perception

Firstly, the accusation that the coppers are lenient when dealing with serious crimes is misleading.

In Malaysia, the decision to initiate a criminal charge lies with the Attorney-General (AG) who also serves as the Public Prosecutor. While the police are responsible for investigating crimes, they do not have the final authority to decide whether to charge someone.

Secondly, the provisions provided under the Road Transport Act 1987 for such offences include heavy sanctions – both jail time and fines.

In light of tragic accident involving heavy vehicles such as buses and lorries, there has been a clamour for stricter enforcement of the law to prevent avoidable accidents. The joined-at-the-hip lovers case definitely fits the bill.

However, it does beg the question as to why the parang-wielding man got away with just a fine. This being Malaysia, such inconsistencies inevitably lead to accusations of racial prejudice.

The AG Chambers (AGC) needs to address this. More pertinently, the courts need to get its act together and ensure the above adage of the punishment fitting the crime is evenly applied and dispensed.

This is crucial not just to avoid miscarriages of justice but to avoid the perception that the law is being applied unevenly.

As it is, public confidence in the judicial system is low with perceptions of selective prosecution. It cannot slide further into an area where the severity of the sentence is based on the colour of your skin. 

Justice Bao
Ampang, Kuala Lumpur

The views expressed are solely of the author and do not necessarily reflect those of  MMKtT.

- Focus Malaysia.