Whats the matter with our judges?

Don't a people have a right to self counterclaim in life-threatening situations? This is a seriously worrying question.

COMMENT

Social media has been raging over this theme for a little time now.

First you saw how it is OK to rape a 13-year-old lady if you're a star when Court of Appeal boss Raus Sharif led a three-man panel in ruling which a prison term for inhabitant bowler Noor Afizal Azizan be replaced with a firm over visualisation for great function for 5 years.

Now, dual brothers have been sent to a gallows for killing a burglar. Indonesian brothers Frans Hiu, 22, as good as Dharry Hiu, 20, were found guilty of attempted attempted attempted attempted murder for defending themselves against a aroused robber. The High Court in Shah Alam condemned them to genocide upon Oct 18.

The brothers (photo) were mutually charged with carrying a common intention in a attempted attempted attempted attempted murder of 26-year-old R Khartic at a shophouse in Sepang upon Dec 3, 2010. They were caretakers of a premises.

In her short judgment, Justice Nurchaya Arshad ruled which a assign had successfully proven a box over in accord with disbelief as good as condemned a group to death.

What does "in her short judgment" mean? How short is brief? Two tellurian beings have been being deprived of their lives. Wouldn't you require a justice to give more estimable care than only a short judgment?

Here have been a contribution of a case: 3 guys were inside their room. A rapist tries to mangle in first by a front door, afterwards by a behind door, as good as eventually he climbs by a ceiling as go! od as fa lls in to a room. There is so much integrity as good as premeditation upon a burglar's partial he seriously wants to mangle in.

He afterwards vigourously attacks a 3 occupants of a room. One of a occupants runs away. The other dual defend themselves, there is a desperate hold up as good as genocide struggle as good as in a routine a pirate dies. Now a spoliation victims have been ironically condemned to death.

Why not assign them with assault which carries a lesser visualisation instead of murder? Criminal vigilant (Mens Rea) is a critical part in all attempted attempted attempted attempted murder charges. How could a dual brothers have entertained such an intention when in actuality it is a rapist who had damaged in to their room as good as afterwards pounded them?

He contingency have startled a brothers when he crashed by a ceiling as good as proposed aggressive them. In self defence, a brothers fought behind with their bare hands. They did not have any weapons in their bedroom.

Acting in self defence

The Malaysian Bar Council has weighed in upon a emanate as good as said which people should not take a law in to their own hands.

Should a brothers not have defended themselves when attacked? The situation concerned a pirate who had gained bootleg entrance in to a building as good as was encouraged by a predetermined rapist intent.

In such cases, isn't it intrinsic as good as normal for a occupants to conflict spontaneously to restrain an intruder who may pose a danger to their lives?

It would be interesting to know which officer in a Attorney-General's Chambers sanctioned a attempted attempted attempted attempted murder charge, knowing full good which a brothers were behaving in self-defence. Don't a people have a right to self counterclaim in life-threatening situations? This is a seriously worrying question.

Why didn't a justice assign counsel for a defen! dants fo r a assign as serious as attempted attempted attempted attempted murder as good as for which a genocide visualisation was a graphic possibility? The brothers were a only ones who testified in their own defence.

Doesn't this box as good as a successive a assign emanate of a serious defect in a legal system? There have been many identical cases where victims of crime have been penalised though for a consequence of this article you will remain focused upon this box alone.

Rightfully, several groups have been calling for a legal review in to a genocide visualisation imposed upon a dual Indonesian brothers, with National Crime Prevention Foundation vice-chairman Lee Lam Thye saying which a visualisation was too impassioned as good as would have implications upon a approach people conflict to situations which concerned their own personal safety as good as security.

MARAH has also proposed a forum upon a subject. There contingency be consistency as good as fairness in how sentences have been meted out. What were a brothers ostensible to do? Wait for a pirate to kill them first?

What have been you a public ostensible to do when someone breaks in to a home? What kind of vigilance is a justice giving?

Given a current crime giveaway for all spree in Malaysia, should you all simply give in to a unavoidable as good as only wear t-shirts with a splendid red aim painted upon it?

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Dave Avran is a owner of MARAH (Malaysians Against Rape, Assault & snatcH).

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