Fairness Of Court Judgements Come Into Question

Why were they even charged with murder in the first place? This was self defense. Where was the premeditation (mens rea?) to commit murder or to kill someone?

OutSyed the Box

They say the law is an ass. Looking at some of the judgements being passed by our Courts, maybe some of the Judges are asses too. There must be consistency and fairness in how sentences are meted out.

Yesterday the case of the two Indonesian brothers (who are only 22 and 20 years old) who were sentenced to hang for causing the death of a violent robber who broke into their room and then attacked them attracted my attention.  I thought it was strange (and grossly unfair) that the victims of a violent robber  who were startled from sleep and had to defend themselves would be sentenced to death. 

What were they supposed to do? Wait for the robber to kill them first?  

First here is a gist of the story from The Star.

Gallows for killing burglar

• SHAH ALAM: Two Indonesian brothers sent to gallows by High Court after found guilty of murdering burglar.
• Frans Hiu, 22, and Dharry Frully Hiu, 20, were charged with common intention in the murder of 26-year-old R. Khartic at a shophouse in Sepang on Dec 3, 2010.
• witness saw Khartic break the back entrance after he failed to break front door.
• entered ceiling and fell into room where brothers and co-worker sleeping.
• The burglar then attacked the men 
• Frans overpower Khartic by gripping him from behind until he stopped moving. 
• After realising that Khartic had become still, the brothers ran out of the unit.
• In her brief judgment, Justice Nurchaya Arshad ruled that the prosecution had successfully proven the case beyond reasonable doubt and sentenced the men to death.
• The brothers were the only ones who testified in their own defence.

What is the meaning of  - "in her brief judgement"?   How brief is brief? Two human beings are being deprived of their lives.  I certainly hope the Court gave more substantial  consideration than just a 'brief judgement'.

Then  today it was more encouraging to read that a few organisations had spoken up against this sentence of death. We thank Allah that there are people who have more conscience in our country.  Again here is The Star :

Groups: Review death sentence

• PETALING JAYA: groups calling for judicial review death sentence on two Indonesian charged with killing burglar.
• National Crime Prevention Foundation vice-chairman Tan Sri Lee Lam Thye said the sentence was too extreme 
• implications on the way people react to their own personal safety and security.
• Lee said incident involved illegal entry into building motivated by criminal intent.
• "normal for the occupants to react spontaneously to intruder who pose danger to them,” 
• Bar Council VP said death sentence unwarranted.
• “People have a right to self defence in life-threatening situations,” 
• Gasing Indah Rukun Tetangga chairman Eric Chew described judgment as shocking.  “People right to self defence has now come into question.”
• TTDI Resident Association chairman Mohd Hatim Abdullah said a judicial review was necessary in view of the need for self-defence.

I agree with Tan Sri Lee Lam Thye, the Rukun Tetangga people and the VP of the Bar Council. It is quite ridiculous. Why were they even charged with murder in the first place? This was self defense. Where was the premeditation (mens rea?) to commit murder or to kill someone?

The three guys were inside their room. A burglar tries to break in, first through the front door, then through the back door. He finally climbs through the ceiling and falls into the room. There is so much determination - the burglar really wanted to break in. Then he attacks the three occupants of the room. One of the occupants runs away. The other two defend themselves, there is a struggle, a fight and the robber dies. Now the robbery victims are sentenced to death? 

Why not charge them just with assault which carries a lesser sentence instead of murder? Malas nak memikir ke?  If you ask me the two young boys should be set free. They are just 22 and 20 years old. 

Karthic  the 26 year old robber came from far with the clear intent of robbery, assault and even murder. The two young boys were going about their business earning an honest living. 

Folks, then I read even more shocking news. This is about those murderous Somali pirates who were arrested on the high seas and brought back to Malaysia. I knew this arrest of the Somalis was a waste of our time and money. Here is a picture of the happy Somali pirates and the news. That one guy is just laughing away.

Somalians’ plea rejected

• KUALA LUMPUR: The High Court here rejected the guilty plea of the seven Somalians accused of shooting at Malaysian Armed Forces personnel during a robbery in the Gulf of Aden.
• The Somalians had opened fire at the military personnel 
• The seven are facing an alternative charge which is punishable by life in prison, or a maximum 14 years in jail, while the original charge carries the mandatory death penalty.

Here the seven Somalis were clearly part of a pirate boat. They had heavy weapons and they had shot at other human beings with the obvious intent of causing death. And yet they are not being charged with intent to cause death. They are facing an "alternative" charge that only carries a maximum 14 year sentence.  

On the other hand the two innocent Indonesian brothers have been sentenced to hang for defending themselves from a violent robber? 

Here is one more case in the papers :  

Painter gets six years jail for death of Nepalese man

• SEREMBAN: A painter was sentenced to six years jail by the Sessions Court here Friday after he pleaded guilty to causing the death of a Nepalese man in Rantau here, last year.
• Judge Datin Nursinah Adzmi also ordered R.Jayaganesan, 26 to serve the sentence from the day of his arrest, which is also the day of the incident.
• Jayaganesan was charged with causing the death of Prem Bahadur Tamang, 32during a robbery which occurred in Jalan Ulu Kanchong, KM8 Jalan Tampin, Rantau, at about 8.40pm on Oct 13 last year under Section 304 (b) of the Penal Code which carries a maximum jail term of 10 years or fines or both upon conviction.

The Nepali Prem Bahadur Tamang lost his life, brutally murdered by a violent robber. And the murderer is sentenced to six years jail only?  

Why was this murderous robber NOT charged under a Section of the law that carries a mandatory death sentence - like the charge against the two Indonesian boys? Why charge him under a Section that only carries a 10 year sentence? And the Court gave him a six year sentence only? 

Where is the justice for Prem Bahadur Tamang that the robber who killed him violently is only jailed for six years?  The sentence runs from the date of his arrest. With one third of the sentence reduced for public holidays, weekends, good behaviour etc the guy will be out in another three years.

And where is the justice for the two Indonesian boys who were sentenced to death when they defended themselves against another violent robber ?  Maybe like Prem Bahadur Tamang the two Indonesian boys should also have let themselves get killed. Then Karthic the 26 year old robber would be sentenced to six years jail only. 

Maybe Karthic, 26  and  R Jayaganesan also 26, would have been sent to the same prison where they can exchange notes on how to rob and kill  human beings and get away with it. Just go to the Malaysian Courts. 

This just does not sound right at all. This raises serious doubts about the Attorney General's office as well as the ability of the Malaysian Courts to decide matters with justice. Let us not compound the error. Let those two Indonesian boys go.