FAC News -
Friday, August 9, 2002 8:46 AM
or not to bail, that is the question
or not to bail, that is the question
are but a stage, and we are all but actors playing a role
not that I love Anwar less, but I love corruption more
is too honest a person, so Anwar must be killed
If only Shakespeare
knew, when he wrote his lines hundreds of years ago, that they could
be applied to any situation in any time period.
ago, there was this brouhaha about a prominent TV newscaster receiving
VIP status and blessed with visits from the powers-that-be that
resulted in her raising about US100,000 in public donations for
an operation that she had done overseas though doctors said it could
easily have been done in Malaysia.
on everyone’s lips was, why can’t Anwar also be allowed to go overseas
since the doctors have certified that he too needs an urgent operation
(and that was two year ago) and that it needs to be done in Germany?
another incident that happened revealed the double standards Malaysia
practices – and this is: real criminals get treated better than
not real criminals, such as political prisoners.
Chinese businessman who was sentenced to death for murder last week
and he was granted bail by the police? Well, yesterday, another
person charged for murder was granted bail.
This is the
News Straits Times (NST) and Bernama
report on the matter - and remember, the NST
is owned by the political party-in-power while Bernama
lawyer Datuk Balwant Singh, who is facing
a murder charge, was released by the High Court here today on a
RM500,000 bail pending trial.
murder normally being a non-bailable offence,
he was released on a personal bond of RM500,000
to enable the defence to complete its submissions for bail on the
grounds of the defendant's infirmity.
Judge Datuk S. Augustine Paul said he was exercising his discretion
in releasing Balwant on a personal bond
because the court could not complete hearing the application today.
"Since police had released him on police bail after his arrest
last month, there is no reason to doubt that he will turn up in
court tomorrow for the conclusion of the bail application,"
of murder, which carries the death sentence, is non-bailable
but Balwant's counsel applied for bail,
citing Balwant's age and poor health and arguing that the prosecution
had failed to show the grounds required under Section 388.
He said under Section 388, the prosecution would have to show that
there were reasonable grounds to believe that he was guilty of the
offence. A mere charge was not enough.
Zauyah replied that there were more than
reasonable grounds to believe Balwant
had committed the offence.
Paul then suggested that the prosecution make its opening address
to show the "reasonable grounds" that exist, to enable
the court to decide on the bail application.
Zauyah then said the prosecution had eyewitnesses
who had seen Balwant shoot the victim.
Justice Augustine Paul allowed the bail application after ruling
that the prosecution failed to show that there were reasonable grounds
for believing that the 81-year-old lawyer committed the offence
that he had been charged with.
Under Section 388 of the Criminal Procedure Code, bail should be
denied if there appears to be reasonable grounds for believing that
the accused had committed an offence punishable with death or life
Justice Paul said he was unable to hold that Balwant
would abscond or tamper with witnesses if released on bail, adding
that the medical report tendered by the defence showed that the
lawyer was in a very poor health.
"I shall therefore grant bail to the accused in the exceptional
circumstances of this case," he said.
Yes, this is
the same judge who denied Anwar Ibrahim bail on grounds that he
“may tamper with the witnesses” though Anwar's "crime"
is bailable and they had merely charged Anwar and was yet to prove
he was guilty.
note of the following statements above:
1. “The prosecution
would have to show that there were reasonable grounds to believe
that he was guilty of the offence.” (Did they do this in Anwar’s
2. “A mere
charge was not enough.” (Isn’t this what Anwar’s lawyers said?)
3. “The offence
of murder, which carries the death sentence, is non-bailable.”
(Isn’t Anwar’s “crime” bailable?)
4. “He was
unable to hold that Balwant would abscond
or tamper with witnesses if released on bail.” (Why then did they
assume so for in Anwar’s case?”
5. “The defence
showed that the lawyer was in a very poor health.” (Is Anwar any
6. “There is
no reason to doubt that he will turn up in court.” (And was this
not so in Anwar’s case too?)