Without Fear or Favour (Season 2) Part 4
Contributed by Rtr Harnniann
Please click here to read Part 1, Part 2 and Part 3.
Please click here to read Part 1, Part 2 and Part 3.
My case was not the first to be called. Luckily, I had the opportunity to observe other cases and learn.
Most of the detainees were not represented. When their names were called up by the interpreter, they were hauled into the “kandang OKT (Orang Kena Tuduh)” then left there alone to face the entire legal system, helplessly.
The Police then present the application for remand order to the Magistrate. The reasons forwarded by the police to justify further remand are very standard and monotonous i.e.
“polis tiada cukup masa untuk melengkapkan siasatan dan memerlukan lebih masa” that is the standard line uttered by the police. Surprisingly, the Magistrate would entertain such request and remand orders are normally granted.
There were a few cases that shocked me. There were two Indian men in their 40s or 50s being called up. The police applied to remand these two poor souls for further 14 days. What was the reason? I almost fell off the chair when I listened to the reasons advanced by the police. It was this:
“pihak polis masih belum mendapat laporan urin daripada jabatan kimia, oleh itu masih tidak dapat menentu sama ada terdapat bahan dadah di dalam urin. Minta reman dilanjutkan selama 14 hari.”
What?! The police was not sure whether the detainees were taking drugs yet the detainees were detained and their liberty taken away for 14 days because of the inefficiency of the police and the Chemistry Department. God help these poor souls. Man, you really don’t want to mess with the police, especially if you are innocent.
Almost half an hour later, after a dozen detainees’ names had been called up, it was finally my turn to stand up and defend my client.
I could feel the enormous pressure building on my shoulders. To defend and safeguard the liberty of a man is way too heavy for me. In a civil suit, when you lose a case, the worst thing that could happen to your client is to pay money. But if I am unable to convince the court why further remand is not necessary, my client Andy will end up behind bars and that is something I could not bring home and sleep with it.
I stated my name for record and informed the court that I act for Andy. The police started:
“Tuan, ini kes ugutan dan gangguan keamanan awam. Polis masih belum jalankan siasatan yang lengkap. Minta reman selama 5 hari.”
The Magistrate recorded what the police just said then turned to me, “ada bantahan?”
“Ya, tuan Majistret. Saya membantah reman order terhadap anakguam saya. Tuan, setahu saya, anakguam saya telah ditahan pada pukul 2 pagi semalam. Dan sehinnga kini, tiada apa-apa kenyataan diambil daripada anakguam saya. Masa telah dibazirkan oleh pihak polis dan polis kini datang ke Mahkamah yang mulia ini untuk melanjutkan reman tanpa apa-apa alasan yang kukuh selain daripada alasan yang remeh dan kosong.
Tuan, anakguam saya adalah pada semua masa berkenaan bersedia untuk bekerjasama dengan polis untuk membantu siasatan. Jika anakguam saya dilepaskan, tiada apa-apa bukti yang menunjukkan bahawa anakguam saya akan lari diri atau tidak dapat dihubungi untuk membantu siasatan. Oleh itu, anakguam saya tidak perlu diremankan di dalam lokap untuk membantu siasatan. Sekiranya kenyataan anakguam saya diperlukan, pihak polis boleh menghubungi anakguam saya dan anakguam saya akan datang ke balai polis untuk memberi kerjasama kepada pihak polis dalam siasatan kes ini.
Tambahan lagi, pihak polis tidak dapat menunjukkan apa-apa alasan untuk menyokong reman selama 5 hari ini. Kes yang melibatkan anakguam saya bukanlah satu kes yang rumit atau kompleks. Polis tidak perlu 5 hari untuk menjalankan siasatan. Ini adalah jelasnya satu penyalahgunaan proses mahkamah.”
Wow! I thought that was pretty good for a first timer.
The police replied, “Tuan, polis tidak mengambil kenyataan sehingga kini adalah kerana pihak polis ingin memberi rehat secukupnya kepada dia dan tidak mahu ganggu masa rehatnya.” (Wow, that was a very noble excuse)
The Magistrate busy jotting down everything we have just said. I turned to Andy and gave him a sign that we are doing good and he will be coming out soon, don’t worry.
The Magistrate reread what he had just written then scanned the police, me and Andy. Once he had made up his mind, he ruled, “reman diberikan selama 3 hari”
I could not maintain my balance and needed to grab the corner of the table for support.
3 days? Did you know how it was like to live in the lockup for even one day? Andy was held for one night and he almost went crazy.
I turned to look at Andy. Apparently, he did not know what was going on. He jerked his head to give me a “what’s going on?” sign. I walked slowly beside him and whispered, “they will remand you for a further 3 days.”
“I am not coming out now?” he sadly asked.
“I’m afraid not” I tried to calm myself too.
Andy did not say anything. He stared blindly into the ceiling. I guess he was thinking, “how am I going to survive these 3 days?”
The police handcuffed Andy and led him out of the courtroom and into a minivan where Andy will be traveled to the lockup, his home for the next 3 days.
When the minivan left the court, I saw his parents walking up the hill to Klang Court.
Ooh… I have a lot of explanation to do…
(To be continued…)
Most of the detainees were not represented. When their names were called up by the interpreter, they were hauled into the “kandang OKT (Orang Kena Tuduh)” then left there alone to face the entire legal system, helplessly.
The Police then present the application for remand order to the Magistrate. The reasons forwarded by the police to justify further remand are very standard and monotonous i.e.
“polis tiada cukup masa untuk melengkapkan siasatan dan memerlukan lebih masa” that is the standard line uttered by the police. Surprisingly, the Magistrate would entertain such request and remand orders are normally granted.
There were a few cases that shocked me. There were two Indian men in their 40s or 50s being called up. The police applied to remand these two poor souls for further 14 days. What was the reason? I almost fell off the chair when I listened to the reasons advanced by the police. It was this:
“pihak polis masih belum mendapat laporan urin daripada jabatan kimia, oleh itu masih tidak dapat menentu sama ada terdapat bahan dadah di dalam urin. Minta reman dilanjutkan selama 14 hari.”
What?! The police was not sure whether the detainees were taking drugs yet the detainees were detained and their liberty taken away for 14 days because of the inefficiency of the police and the Chemistry Department. God help these poor souls. Man, you really don’t want to mess with the police, especially if you are innocent.
Almost half an hour later, after a dozen detainees’ names had been called up, it was finally my turn to stand up and defend my client.
I could feel the enormous pressure building on my shoulders. To defend and safeguard the liberty of a man is way too heavy for me. In a civil suit, when you lose a case, the worst thing that could happen to your client is to pay money. But if I am unable to convince the court why further remand is not necessary, my client Andy will end up behind bars and that is something I could not bring home and sleep with it.
I stated my name for record and informed the court that I act for Andy. The police started:
“Tuan, ini kes ugutan dan gangguan keamanan awam. Polis masih belum jalankan siasatan yang lengkap. Minta reman selama 5 hari.”
The Magistrate recorded what the police just said then turned to me, “ada bantahan?”
“Ya, tuan Majistret. Saya membantah reman order terhadap anakguam saya. Tuan, setahu saya, anakguam saya telah ditahan pada pukul 2 pagi semalam. Dan sehinnga kini, tiada apa-apa kenyataan diambil daripada anakguam saya. Masa telah dibazirkan oleh pihak polis dan polis kini datang ke Mahkamah yang mulia ini untuk melanjutkan reman tanpa apa-apa alasan yang kukuh selain daripada alasan yang remeh dan kosong.
Tuan, anakguam saya adalah pada semua masa berkenaan bersedia untuk bekerjasama dengan polis untuk membantu siasatan. Jika anakguam saya dilepaskan, tiada apa-apa bukti yang menunjukkan bahawa anakguam saya akan lari diri atau tidak dapat dihubungi untuk membantu siasatan. Oleh itu, anakguam saya tidak perlu diremankan di dalam lokap untuk membantu siasatan. Sekiranya kenyataan anakguam saya diperlukan, pihak polis boleh menghubungi anakguam saya dan anakguam saya akan datang ke balai polis untuk memberi kerjasama kepada pihak polis dalam siasatan kes ini.
Tambahan lagi, pihak polis tidak dapat menunjukkan apa-apa alasan untuk menyokong reman selama 5 hari ini. Kes yang melibatkan anakguam saya bukanlah satu kes yang rumit atau kompleks. Polis tidak perlu 5 hari untuk menjalankan siasatan. Ini adalah jelasnya satu penyalahgunaan proses mahkamah.”
Wow! I thought that was pretty good for a first timer.
The police replied, “Tuan, polis tidak mengambil kenyataan sehingga kini adalah kerana pihak polis ingin memberi rehat secukupnya kepada dia dan tidak mahu ganggu masa rehatnya.” (Wow, that was a very noble excuse)
The Magistrate busy jotting down everything we have just said. I turned to Andy and gave him a sign that we are doing good and he will be coming out soon, don’t worry.
The Magistrate reread what he had just written then scanned the police, me and Andy. Once he had made up his mind, he ruled, “reman diberikan selama 3 hari”
I could not maintain my balance and needed to grab the corner of the table for support.
3 days? Did you know how it was like to live in the lockup for even one day? Andy was held for one night and he almost went crazy.
I turned to look at Andy. Apparently, he did not know what was going on. He jerked his head to give me a “what’s going on?” sign. I walked slowly beside him and whispered, “they will remand you for a further 3 days.”
“I am not coming out now?” he sadly asked.
“I’m afraid not” I tried to calm myself too.
Andy did not say anything. He stared blindly into the ceiling. I guess he was thinking, “how am I going to survive these 3 days?”
The police handcuffed Andy and led him out of the courtroom and into a minivan where Andy will be traveled to the lockup, his home for the next 3 days.
When the minivan left the court, I saw his parents walking up the hill to Klang Court.
Ooh… I have a lot of explanation to do…
(To be continued…)
Labels: General Reading
posted by harnniann at 11:48 am
3 Comments:
I often have debate with my fellow buddies on why they would choose to work in some other countries and leave everything behind. This is one of the reasons they give... I do not blame them... We have came upon so many cases like this.
dear harnniann,
u remind me about one drug case i had taken up for the legal aid, a charge for possession of drugs about 2 years ago.
the trial was postponed 3 times n when the 4th trial coming up, it was already almost 1 year that my client was on remand.worst still, the court still wanted to postpone it to give priority to some part-heard cases.
taking into account that my client had to be on remand for another 2 months or more if the trial postponed, but if he chose to plead guilty now, he could be released even earlier (after deducting the holidays) as the sentencing will be commenced from the date of arrest, i advised my client to plead guilty.
my advice was taken. he was released earlier than if he waited for the 5th trial to defend his innocence.
but until today, i still have the guilty feeling by asking someone whom i believe is innocent to plead guilty to something he did not do.
sometimes i think,being a lawyer, we really have to be brave, brave enough to take the guilt, face the guilt n live with the guilt till the day u can accept that it is just part of the game
siew yee
harnniann,
i am itching for the final episode of this exciting serial.
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