YOURSAY ‘If there were an Olympic competition for judicial crassness, this would surely be a medal-winning performance.'
What price justice?
Boiling Mud:
When a proven and convicted rapist can be let off so lightly with the
warped justice that a jail term is not in the public interest as the
offender has a promising future as a tenpin bowling champion, it says a
lot about the gross lack of moral discipline among some of the judges
and the judiciary system as a whole.
The right-thinking
Malaysians cannot possibly be proud of being represented by a convicted
rapist in any bowling tournaments outside the country.
So, does
it mean that all our Malaysian athletes who have won medals from
regional and international events can go ahead to commit heinous crimes
and be let off with a fine of dua puluh lima ribu ringgit? Such twisted logic from warped minds!
Tailek: The
chief justice (CJ) or attorney-general (AG) should call up this case
for a review and at the same time the CJ should castigate the three
Court of Appeal judges for coming up with such a perverse ruling.
If
the accused was a nobody, he would have received a hefty jail sentence.
I guess if you are a famous sportsperson or a chief minister, you can
get away with statutory rape with a soft rap on the knuckles. Shameful.
MfM: The
AG had better appeal this case and get the acquittal overturned. Even a
suspended sentence would have been better than this stupid judgment.
There is no such thing in the law as consensual sex with a minor. That's
why it's called 'statutory rape'.
I don't give a damn if this
guy is going to be a future gold medal winner for Malaysia or even a
future Nobel Prize laureate. Nobody in their right mind would even
consider having this 'acquitted' alleged rapist in their employ.
NMNT: Yeah
right, bright future? Not much of it any more, he is on high alert
internationally. Guaranteed visa rejects, so how to compete?
Do we trust the law to be applied impartially, regardless who and what the offender status in Malaysia is? No way. Another Janji Ditepati.
Hang Babeuf:
The principle that statutory rape is categorically an offence, no
matter if the minor consented, is one that the judiciary should respect
and uphold.
Any clemency that is extended or mitigation that may
be accepted should be upon the basis of that principle, not upon any
weakening or subverting judicial support for it.
But I fear that
the temptations of international recognition and success, of some
vindication of the ‘Malaysia Boleh!' mantra, can override justice and
legal principles.
Something is seriously amiss when senior judges
of a higher court of review can make a decision like this one and then
seek to justify it as they have. The situation that they have produced
dishonours the nation.
Forget about badminton hero Lee Chong
Wei's winning dignity in an agonising loss. If there were an Olympic
competition for judicial crassness, this would surely be a medal-winning
performance. When it comes to this kind of national disgrace, "Malaysia
Boleh!"
Odin: Let us assume that the act was
indeed consensual, for, judging from past news reports, there are
promiscuous underaged girls. If it was so, then the girl would suffer no
distress or trauma.
But the point is that statutory rape is
still rape - that rape has taken place and the punishment for it is
already established. The punishment stipulated should apply to any
convicted person regardless of his status. The judges have certainly
failed to execute their responsibilities.
Caesar's Wife: I
agree heartily with Klang MP Charles Santiago's suggestion. Let us call
on all child rights advocates, human rights organisations and civil
society to protest this shameful judgment. Not only the accused but the
also judges responsible for the judgment must be held accountable.
Mosquito: A promising future? Imagine the headline, "Malaysia sends rapist to world bowling championship". Now that would make us proud.
Paul Warren: Mosquito, the headline should read, "Malaysia sends child rapist to world bowling championships".
Kgen: National
athletics coach C Ramanathan was jailed four years for molesting two
underaged athletes by giving them a massage at the Asian junior
Athletics Championship in New Delhi in 1992 (Court of Appeal later
slashed his jail term to one year).
If this is the sentence for
molest, why is the sentence for rape so lenient? What happened to coach
Ramanathan's bright future after he was jailed?
To my knowledge,
there are only two levels of appeal. Since this case started at the
Sessions Court, it can appeal to the High Court and ends at the Court of
Appeal, and as such it is no longer appealable in the Federal Court.
The bowler can sleep in peace. However, society should castigate and hound him until he wished he were in jail.
Onyourtoes:
If you are observant enough, you will notice the impressive court
complexes all over the country - yes, impressive courthouses with empty
justice within.
Justice Pao: Only in Malaysia
can so much harm done to the judicial system with so many tainted
rulings by these few judges. How can this rapist represent Malaysia and
compete on the international stage without embarrassing Malaysia as a
country that condones statutory rape?
Ferdtan: The
Court of Appeal was led by the president himself, Raus Md Sharif, and
his fellow judges, KN Segara and Ahar Ma'ah. It was an unanimous
decision, meaning no dissenting judgment.
Please don't hold your
breath for thinking the Syariah Court may come to rescue the young girl.
It may turn out to be opposite of what you would expect.
She may be charged with zina
(illegal sex); following the kind of warping justice we saw in the
strange case of a Muslim employee of Borders Bookstore, Nik Raini, been
arrested and charged by Jawi (a unit of PM's department) for selling
purportedly banned books which was not officially announced at the point
of the arrest.
Our judges don't know, or have forgotten, the
meaning of justice. They see things differently, looking down from their
perch with the trappings of upper-class life, the pull of power and
fame.
Changeagent: Now I can fully understand
why ex-Malacca CM Rahim Thamby Chik was never charged with raping an
underaged girl in 1994. He, too, had a very promising future then.
Fadlullah Wilmot: Where are the ‘fighters' of Islam? Where is your outrage? Perkasa? Utusan Malaysia? Anyone? Your silence is deafening.
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