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[Jenayah]
Another case of bad judgement by Malaysian courts
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Cakkkk....aaaa posted on 6-9-2012 12:20 PM 
medical report kata ada kesan kecederaan/koyakan ke tak deen?
kalau langsung takde kecederaan m ... [quote]medical report kata ada kesan kecederaan/koyakan ke tak deen?
Aku agak tak ada lah Cakaaaa....ada kalu, pastinya ianya ada menjadi evidence koroborasi bahawa sesuatu telah diintroduce (yakni dimasukan) kedalam faraj penggadu (walaupon bukan bukti konclusif bahawa yang dimasukan itu ialah zakar orang kena tuduh dan mahkamah terpaksa bergantung kepada presumpsi di bawah seksyen 114 Akta Keterangan).
then on what ground lower court imposed 20 years jail at the first place? solely based on the kids story without medical evidence kah?[quote]
To say that the Sessions Court Judge is not smart or learned or experienced enough would be baseless for I do not know him or her. So I shall say the following:
The human mind is fallible. In most professions the possibility of occasional eror is admitted. But the legal proffession is the only one in which chances of eror are admitted to be so high that an elaborate machinery has been provided for the correction of error - and not a single eror but a succession of erors. In other trades to be wrong is regarded as a matter for regret; in the law alone is it regarded as a matter of course. 
The Federal Court, as an appellate tribunal, is composed of eminent and experienced lawyers but, with respect, they are only by a small margin more eminent and experinced than the lawyers who composed the Court of Appeal. The difference in capacity is one of degree; indeed, the only real difference is taht the Federal Court has the last word.
The difference in estimation is substantial when it is between the Sessions or Magistrate's Court and the Court of Appeal and Federal Court. 
The awareness and realisation of the human mind being not infallable in the legal profession is best attested by the principle that should be held to heart by the judges - it is better to set free ten (or was it 100) guity ones than to hang one innocent one.
It would have bothered me more if an innocent is found guilty than the other way round.
Of course this machinery of appeal, cross-appeal and further appeal and cross appeal may seem strange for someone from the Medical Profession like your kind-self. Our doctors, I think, would not claim to be more respected or more advanced in their own science than our jurists. But our surprise would be great if, after the removal of our appendix by a distinguished surgeon, we were taken before three other distinguished surgeons, who ordered our appendix to be replaced; and our surprise would give place to stupefaction if we were then referred to a tribunal of five distinguised surgeons, who directed that our appendix should be extrated again. So even if doctors to are mindful of the characters of the human mind especially as to its fallability, there is no room for them to come up with a system parallel to that which has been in place, and if I may add since a very long time ago, a parallel simply due to the nature of things that doctors do.
Wallahualam.
Last edited by Maideen. on 6-9-2012 03:20 PM
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Jika tiada medical proof, tapi ada saksi, mungkin boleh didapati bersalah.. tapi kalau dah takde bukti, tiada saksi, cemana hakim nk jatuhkan hukuman dan anggap lelaki tu benar2 bersalah? Ni lain dari kes pemain boling tu.. sendiri dah ngaku mmg ada berzina... Lagi ada kesan tusukan bagai... but still free willy dgn alasan hanya kerana cerah masa depan??  |
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Maideen. posted on 6-9-2012 03:18 PM
Aku agak tak ada lah Cakaaaa....ada kalu, pastinya ianya ada menjadi evidence koro ... Of course this machinery of appeal, cross-appeal and further appeal and cross appeal may seem strange for someone from the Medical Profession like your kind-self. Our doctors, I think, would not claim to be more respected or more advanced in their own science than our jurists. But our surprise would be great if, after the removal of our appendix by a distinguished surgeon, we were taken before three other distinguished surgeons, who ordered our appendix to be replaced; and our surprise would give place to stupefaction if we were then referred to a tribunal of five distinguised surgeons, who directed that our appendix should be extrated again. So even if doctors to are mindful of the characters of the human mind especially as to its fallability, there is no room for them to come up with a system parallel to that which has been in place, and if I may add since a very long time ago, a parallel simply due to the nature of things that doctors do.
no wonder those who understand law seemed to pissed off when some people said that 'kids never lie and everything that's being said is true to thier purest soul'...
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Maideen. posted on 6-9-2012 04:19 PM
Well....sometimes it's the way that people are brought up. Whilst I do understand as to why, it st ...
hehehehe... kita yg bagi hukuman.. tapi meletakkan beban kepada tuhan utk menentukan samada org tu bersalah atau tidak...
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bila baca berita ini, saya teringat satu tv movie berdasarkan cerita benar... the McMartin Trial....
lebih kurang sama... kindergarten owners accused of sexual abuse....
kes itu amat hot dulu di amerika.... |
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Post time 6-9-2012 03:18 PM
