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Thursday, December 29, 2011

MASTER CHEF IN COURT




Salam,

Apart from being involved in the legal world and fast paced court action, I have always have an interest in cooking. Well at least I covered the eating part as well as watching cooking shows in tv as my culinary skills is limited to cooking eggs and maggee mee. The current hyped and popular Master Chef shown in astro has escalated my interest to a greater height. I might as well venture into cooking in the event my desire subdued in legal arena, which I hope won't be happening.

A quick glance through news (some are rubbish and pointless cyber fightings) in FB, twitter etc today; one news has caught my attention. A PTD lady officer has been charged in Sepang court for hitting dear hubby with office file! This will easily make front page in any tabloids in our 1Malaysia. Are we running out of genuine, pressing and pure crimes to be brought the court?

I'm trying to digest and visualize what may have transpired. The file must have been so huge and dangerous. Alternatively, the husband might have been seriously injured but hey the charge is merely Section 323 Penal Code. Or there must have been some special and extraordinary circumstances that have propelled the prosecution to prefer such charge. Still, I can't hide my view that there must be other options rather than dumping the case to the court to decide.

My former boss when I was in the prosecution's side has likened a DPP's job similar to a jury in a cooking contest like The Masterchef. The enforcement agencies namely the police, immigration, local councils etc are the cooks. They prepare the dishes, they collect all the recipe and ingredients and they who present the dishes (read: cases) for the jury (read: DPP) to decide for the next course of action. The jury then decides whether the elements are seriously lacking hence warrants a rejection. Or there might be missing elements that need to be touched up. Or the dish is sufficiently good to be given to the court to decide on its merit.

That's why I believe DPPs are the most important filter in our criminal justice system. A sensible, fearless and wise DPP will ensure only strong cases will be preferred with a charge. They will ensure the suspect is charged with the correct charge and not bow to media pressure or public abhorrence to charge with the severest charge, only to easily reducing it when situation is no more pressing. They will also ensure the enforcement agencies up to the mark and perform duties fairly in protecting the public interest.

As for the 'bini pukul laki dengan fail' I dont know whether it really warrants such preferred charge or could it have been solved via other means such as counselling or even a ticking off from the police might suffice. After all, with a court charge it entails a lots of negative things; it erodes dignity, caused financial loss (read: lawyers fee) and unnecessary related family and carrier problems collateral to the charge itself.

I pray that there are many such courageous DPPs around. After all another my former boss always said that DPPs are the top of the barrel, the cream of the cream in legal service. Wassalam.

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