Statutory rape cases' verdicts cause discontent among the people
Dr. Cheah Soon Hai: Judiciary system should be fair and consistent
Press statement by
Gerakan Kedah State Chairman
Dr. Cheah Soon Hai
29 August 2012
In referring to the recent court verdicts handed down on national bowler Nor Afizal and Penang electrician Chuah Guan Jiu that spared them the jail sentence for having sex with an underage girl, Gerakan Kedah State Chairman Dr. Cheah Soon Hai is regretful over the judgement. Dr. Cheah said that the case has generated public attention and discontent as well as doubts over the justice and fairness of the judgment.
"Although the Court of Appeal president has explained in detail over the judgment as he pointed out that the accused has a promising future ahead and therefore was given a suspended sentence, but nonetheless the accused is still in fact convicted of the offence and the crime is recorded. However, such an explanation will only stir up more discontent among the people as they feel that the sacrosanct judiciary system has multiple standards. Does the judgment signify that national athletes as long as they are deemed to have 'a promising future' will easily escape the jail sentence even if they have committed a crime? This is completely a wrong an unhealthy example!" Dr. Cheah said in a statement.
Dr. Cheah who is also the ADUN of Derga in Kedah pointed out that the way the court handed down judgment in this case was somehow appeared to be a lack of justice and fairness in the eyes of the people. The leniency the court showed on some crime offenders with a special 'halo', is it fair for the victims? How possible to convince the public?
Dr. Cheah Soon Hai stressed that the sacred spirit behind the law is that everyone is equal before the law, whoever commits the crime should bear the consequences and accept punishment.
"Similarly, the court also showed its discrepancy with multiple standards in some cases such as snatch theft, scratch tickets, stealing and many more, at times light sentence was given out; while the heavy sentence was given out to those who showed disrespect towards the police. All of these cases are leading the people to feel the injustice and have lost their confidence towards the country judiciary system. In order to restore the people's confidence towards the justice and fairness of the judiciary system, the judiciary branch should rediscover its coordination as well as to be fair and consistent with its stand and judgment," said Dr. Cheah.
Dr. Cheah said that the court should hand down fair judgment and then only the people will be convinced. While the judiciary system should be fair and equal, then only it will avoid causing the public grievance.
诺阿费查案裁决引起人民不满
谢顺海:司法制度须公平一致
民政党吉打州主席
谢顺海医生
文告
2012年8月29日
针对保龄球国手诺阿费查及槟城电气工友蔡源嘉分别与未成年少女发生性关系不需坐牢裁决,民政党吉打州主席谢顺海医生表示遗憾。谢顺海说,这项裁决案已引起广大人民的关注与不满,并且对法庭的判决是否是公正与公平产生质疑。
谢顺海说,"虽然法官已对该判决作出深入的解释,指出涉案者因有大好前途,所以被判缓刑,但一生中都会背负着这个犯罪记录。可是,法官的如此的解说只会更引起人民的不满情绪,感到神圣的司法制度拥有多重准则。试问法庭如此的判决是否意味着将来只要拥有'大好前途'的国手都能在犯罪后,而轻易地逃过牢役之灾?这绝对是项错误与不良的示范!"
谢顺海医生也是吉打州德卡区州议员,他指出,法庭对于这案件的判决,使人民看不到真正的司法公正与公平。法庭对身上有特定"光环"的犯案者,给予网开一面与从轻发落"待遇",这对受害者是否公平呢?又怎么能服众呢?
谢顺海医生强调,"法律的神圣精神是:在法律前人人平等,无论是谁犯罪都应承担后果,接受惩罚。"
"相同的,法庭在一些案件上似乎也有多重准则,如掠夺、刮刮乐及偷窃等案件,有时只获轻判;而侮辱警方却遭重判,这些都会让人民感到不公,对我国司法制度失去信心。为了使人民看到司法制度的公正与公平,司法单位必须取得协调,以拥有公平一致的立场与判决。"谢顺海说。
谢顺海表示,法庭必须作出公正的判决,人民才会信服。而司法制度也应公正与公平,才能避免引起民怨。
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