Friday, April 28, 2023

Bail counter row an embarrassment to our legal system

 


It is so unfortunate that the issue of six accused persons who were allegedly deprived of paying their respective bails has become a polemic. In my view, this is a total embarrassment to our legal system.

Apparently, there are two versions of the story.

According to the lawyer who represented the six accused persons, the bail was denied against his clients due to the fact that the counters were closed early though the bailors were willing and ready to post the bail.

On the contrary, the chief registrar of the Federal Court was reported to have said that the six men had been denied bail because their bailors did not show up, and not because the counters were closed early.

Since we - the public - are not privy to the actual facts of the incident, we are, therefore, not in a position to know and certify which version actually represents the whole truth.

And media reported that the office of the Federal Court’s chief registrar had released CCTV footage of what it said was the bail counters on April 20, saying that it clearly showed the counters were still operating up until 4pm, the normal time during Ramadan.

And now the lawyer for the six accused has requested the CCTV footage at the bail counters itself to be publicly released. To be fair, it is a reasonable request, at least in my opinion.

Apparently, one of the parties may have not presented the actual story which transpired on that particular day.

Anyhow, irrespective of which version represents the truth, in my view, a bail payment ought to be facilitated and not be frustrated for any reason whatsoever.

After all, the relevant minister had duly acknowledged that the right to post bail is a constitutional right. - Mkini


MOHAMED HANIPA MAIDIN is former deputy minister in the Prime Minister’s Department (Parliament and Law).

The views expressed here are those of the author/contributor and do not necessarily represent the views of MMKtT.

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