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Sunday, September 29, 2013

Paul Low does not get it - we are talking about detention of innocent persons without according them the opportunity to defend themselves in court, and these are not Criminals

1- We are against Detention Without Trial laws - i.e. laws that allow a person to be detained without being first charged, tried and convicted by court. 

2- Remember all persons are presumed INNOCENT until proven guilty - this is basic.

3- Who is the criminal? The person the police say is a criminal? The person who the Minister say is a criminal? The person who some Board say is a criminal? NOPE - it is when an independent court after considering the evidence tendered by the prosecution, heard the 'accused person' decides that a person is guilty, and convicts him - then he is a Criminal. Then, the Court sentences the convicted person, who of course still can appeal to higher courts.

4. The solution is to IMPROVE the police/prosecution skills and eliminate corruption - not just lock away all persons the police say is a 'Criminal'.  

5. We also need to restore the credibility of the police. After all the police lost their credibility when they denied causing Anwar's black eye - and later the truth was that it was a police officer who did it. In my eyes, the police have lost all credibility...so has the prosecution - and I will want to ensure that everyone gets a fair trial before he is convicted and sentenced to jail - deprived of liberty.

5. Why are so many of these 'criminals' out there? Besides, police/prosecutions inefficiency - there may also be corruption. Paul Low should be looking at this, improving the police skills and credibility - maybe not enough police investigators...Investigate why prosecution FAILED to call material witness which resulted in accused persons getting off scot free.See earlier post:- So, who killed Altantuya? - Is it just a case of prosecution incompetence or what?

6. Nancy, we all know remand is allowed in law, i.e. a period after arrest to enable the police to investigate - but this is 14 days maximum.Detention without trial is not remand. We are not talking about amending the law to increase the remand period, are we? 

7. Paul Low was reported saying that the rights of civil society were far more important than that of criminals - WRONG. Rights of all persons are equally important and here we are not talking about 'criminals' but persons who are suspects. Now, the rights of the suspect or the accussed person is, I believe more important, for they are charged with an offence which if found guilty may result in loss of liberty (imprisonment), corporal punishment (whipping) and even death (by hanging) - and we certainly do not want to make a mistake and do this to a person that may be innocent - so all the more important to ensure that all their rights are protected including the right to a fair trial.

Detention without trial same in UK and US, says minister
Detention without trial under the proposed amendment of the Prevention of Crime Act is  similar to the remand practice in developed countries like the United Kingdom and the United States.

Minister in the Prime Minister's Department in charge of law Nancy Shukri, who said this, pointed out that countries that people always look up to had also carried out similar exercises.

NONE"This (detention without trial) is to give time to the police to collect evidence before charging the offenders," she said while delivering her speech at a forum in Putrajaya today.
"Many like it when we talk about matters related to the orang putih (Caucasians).

"This (detention without trial) is to give time to the police to collect evidence before charging the offenders," she said while delivering her speech at a forum in Putrajaya today.

"About the word detention without trial, why don’t we get used to it by saying it is remand. In foreign countries, after they arrest a suspect, they do what? They remand him as well.

She said some commented that the government should not detain the suspect, but instead, charge the person in court.

"It is easier said than done (in the opinions of those in) NGOs and media, because those who are shouldering the burden are the police," added Shukri, who had once opposed detention without trial when she was an activist prior to joining the cabinet.

She opined that the PCA is the best solution to combat crime for this moment.

"We won't care about those having adverse comments. Never mind," she said.

Low: Criminals' rights less important

Meanwhile, Minister in the Prime Minister's Department Paul Low echoed Shukri's view, lauding the amendments as effective.

He said the rights of civil society were far more important than that of criminals.
NONE"I know many (are) against detention law, but I think we have to send a strong message to criminals...jangan main main (don't play a fool with us)," he stressed.

"If you main main, we have this law to detain you. If you threaten our witness, we have a law to detain you.

Emphasing the seriousness, Low said that organised crime was more than just gangsterism, that it included money laundering, smuggling, kidnapping, extortion and others.

"It exists because of weak laws, weak enforcement agencies and disorganised society," he said.

Low, the former Transparency International-Malaysia chairperson also claimed that those who viewed PCA as a draconian law are wrong.- Malaysiakini, 28/9/2013, Detention without trial same in UK and US, says minister.

-Charles Hector

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