Thursday 7 June 2012

malaysians are scared.



We do not think that the prosecution should supply copies of the police statement direct to the defence without the intervention of the court — because of the peculiar circumstances prevailing in this country. 

Malaysia is a small country, with a small population, and Malaysians are easily scared; they are reluctant to be involved. 

If a crime is committed under their nose they look the other way, see, hear and say nothing, do little or nothing to help identify — let alone — arrest the offender, and yet complain that the police do not catch criminals and that courts are bedazzled by technicalities. 

If the prosecution is obliged to supply copies of police statements to the defence without the intervention of the court, the defence may be tempted to ask for, and the prosecution will be obliged to supply, copies of every statement in the police investigation file, and Malaysians will be more reluctant to come forward with evidence to incriminate their fellows.


-- Per Suffian LP in Husdi v. Public Prosecutor [1980] 2 MLJ 80 (Federal Court)



And this is why if you're charged for an offence in court, you're not entitled to know what other people have been saying against you to the police. Until they appear in court as witnesses. 

Then you ask for an adjournment.

It sounds unfair. 

But when the system tries to be fair to everybody, somebody has to lose out a little. 

Plus think of people like Roslan Imun

Then this will be easier to stomach.

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