A+ | A- | Reset
Home arrow The Blogs arrow Letters/Surat arrow What is so subjudice to discuss about Raja Petra’s SD?

What is so subjudice to discuss about Raja Petra’s SD? PDF Print
Saturday, 28 June 2008 11:26

These morons claims subjudice as it is for one's own political convenience without even understanding the meaning or what sub judice all is about.

The whole purpose of subjudice is to avoid circumstances where the court process will be affected by such comment or affected by pressures generated by such comment, to the detriment of public justice. Yes undertand this concept. This concept is only applicable if we are talking about a jury trial that we, the society have gladly abandoned over a decade ago due to our ignorance.       

Trial of jury is alike a freedom of speech or freedom of religion in a democracy process.  

Are you telling the Malaysian public and its honorable elected representative that, it is sub judice because a non jury judge sitting deciding on the law and fact can be influenced and hindered to provide an impartial and proper verdict on their extremely precious comments. Gosh!!!!, they must really think that we are suckers and of course the judge is the ultimate sucker.     

The sub judice rule is understandable and acceptable where a jury is sitting in the issue, but the defence of sub judice by these morons are not acceptable when the issue is before a judge sitting alone. It is really pathetic and sad that these morons think that extraneous comments on Raja Petra's SD on the case or the issue can actually affect their learned judge. A judge is a judge, he/she is a judge because of the faith that the society have in him/her to execute his/her judgement based on the intention of the law and facts that reflects his/her conscience for the well being of the society and naturally public interest.    

In Malaysia, it is very easy to shut and clamp down everything down on the pretext of law although the law supposedly serves the goodwill of the society. Raja Petra through his unorthodox method raises public interest in a court without jury and his interference with the administration of justice to seek the truth is a welcome act for the society as the society continues to educate itself with the thought to act against these dogmatic practices that defeats the goodwill of our society.   

What Raja Petra has brought about is of public interest in seeking the truth so let's act and support Raja Petra in unraveling the truth for our society collectively rather than continuing being in the sideline.

R. Shan (Human Being)

Comments (44)Add Comment
...
written by Rundukon, June 28, 2008 11:39:05
And the 3 accused have not even been called to enter their defence!
report abuse
disagree 0
agree 165
...
written by eeyaw, June 28, 2008 11:39:17
Count me as a supporter of Raja Petra and for Justice for Altantuya!
report abuse
disagree 0
agree 184
...
written by oknyua, June 28, 2008 11:50:16
Lets hear the opinion of No partisan lawyer, Mohammad Yacob Karim.
report abuse
disagree 0
agree 48
...
written by clarity, June 28, 2008 11:55:04
Great article. They think we are all stupid but they are the stupid ones. Where is the acting colonel and his wife. Are they also above the law? We will hound you til kingdom come!
report abuse
disagree 0
agree 80
...
written by Engineer, June 28, 2008 11:55:07
R. Shan

Well written. You sure open the eyes (I hope) of pea brain commenter like Don Corleone and BobbyNZ.

report abuse
disagree 0
agree 62
...
written by dGeneral, June 28, 2008 11:56:28
Whatever in the SD....is known to the CIA, Russisn Intelligence, Monggolian Intelligence, Singapore SS...n TDM.

If Najib can just follows ORDERS FROM WHITEHOUSE, then he will definitely be our next PM. And Sharibuuuu will be paid hansomely for being quiet as long NAJIB behaves as PM ?
report abuse
disagree 2
agree 30
...
written by FFT, June 28, 2008 11:56:48
You're absolutely right.

And it should also be noted that jury trials were removed by Mahathir in his quest to keep the judiciary firmly under his control.

After all, it would be easier to get favorable verdicts when you have a puppet who determines it, rather than a group of possibly independent-minded individuals.
report abuse
disagree 1
agree 72
...
written by ibat, June 28, 2008 12:02:56
Hey You! Yes You! The Bar Council - help us out on this one. Retired judges, law professors. law makers, yes, law makers (instead of calling each other gangsters lah! monkeys lah! please shed some light, before we the uninformed start to ramble aimlessly - 'cos we sure are a confused lot. Our country's image is at stake here.
report abuse
disagree 0
agree 33
...
written by K W Waran, June 28, 2008 12:20:56

Sdr. R. Shan, Thank you. Your humane thoughts aptly put in words has always been an inspiration to us all, here.

Folks, please refer to an earlier article titled "Polis mungkin mengambil tindakan terhadap Raja Petra".

In spite of the Entire Gargantuan Machinery of the BN trying to jarringly intimidate our YM RPK, he looks majestically COOL, doesn't he?

Yo Bro' PDRM, you don't play play with people like YM RPK. And there are many like him too here in the MT Community, may be not equal to him, but no less BERANI KERANA BENAR.

Just think of YM RPK and what comes immediately to all of our minds is this:
His landmark and benchmark statement which he lives by : "AMAR MAKRUF NAHI MUNGKAR".

So, BN and your kuncu-kuncu in crime, don't waste your time and our money, OK!

At long last, PLEASE!!! kindly do something honourable like solving that most heinous of crimes ever committed in this Tanah Tumpah DarahKu Nation, and may be, mayyyy BE, the Rakyat might be appeased somewhat.

Otherwise, bloody just be prepared to be buried for good by your own people. Period.

report abuse
disagree 0
agree 40
...
written by Chaptokam, June 28, 2008 12:22:14
Karpal should have known about this .

Where are you Karpal ?? This is more important than the trival spat between Mamak and Ian Chin .

Why is he keeping quiet on this ??????
report abuse
disagree 0
agree 39
...
written by Tom n Jerry, June 28, 2008 12:29:25
Malaysia has been following *law of the jungle*for the past quarter century!No justice seen so far!Even sodomy suspect case only they are interested;some more its TDM*S dirty lies!In the end it was overturned!But today I saw a case in Subang Jaya police station where a17 year old girl was forced to perform oral sex and then raped by the police!Wher is the justice inMalaysia?A police can do anything it seems!Really our national law is*Survival of the Fittest* smilies/angry.gif
report abuse
disagree 0
agree 40
...
written by Wisdom above, June 28, 2008 12:37:16
SD is a 'statement of facts' declared by the maker at the material time.

This SD specified the 'statement of facts' received by RPK from the informer.

It is a logical SD , vivid and legally clear.

It is specific & connotes that the ongoing prosecution closed trial is legally incomplete as it stand.

Incomplete investigation can possibly lead to a mis-trial & DNATA.

Something is terribly missing and not correct.

Why the ' TRUTH ' is not legally permitted to surface.

Lightnings flashed and Thunders roared above.

Remember it rained abruptly during the site inspection by the Trial Judge & court officials at the crime scene last year.

The grass of the fields & earth groaned and the trees cried.

This SD is the ' Grass and trees '.

Syabas to all Peacemakers.
report abuse
disagree 0
agree 46
...
written by zul4kulim, June 28, 2008 12:52:30
And more excess luggage to be paid by rakyat
http://1426.********.com/2008/...ck-in.html
report abuse
disagree 2
agree 6
...
written by jeya, June 28, 2008 12:52:55
smilies/cool.gif!
Way to go, R.Shan{Human Being}! Its{this subjudice horseshit}a term used by ignoramus person/s, who like the sound of big words."FULL OF SOUND & FURY SIGNIFYING NOTHING!". Its used to cover up a multitude of wrongs{legal},transgressions{legal/moral/ethical} & sins {moral/ethical}!
It is used by person/s, who need to flex "muscles", so as to attempt to cower the person who has become a real & legitimate threat.
The only worrying factor is that these person/s, can actually carry out the threat and cause a great degree of strain on the Harbinger!
This has been happenning over the last 20 odd years and as we are attemtping to change this situation all round, those who have weilded the POWER & abused it , will find it very very difficult to change their mind set{aside from their fear of repecussons!
We however have to keep at the evolution and let the light return to our Land!
jeyapalantsmahesan@********.com
report abuse
disagree 0
agree 10
...
written by Engineer, June 28, 2008 13:04:04
..Attorney-General finds that there are elements of slander against the government in a statutory declaration made by RPK on June 18.

I see no element of slandering the gomen. I only see individuals being mentioned.

If RPK were to publish an SD against the police officer when abused his power by slapping RPK while making a police report, will the AG consider this as slandering the gomen as well and immediately make a police report for this case to be investigated, too.
report abuse
disagree 0
agree 35
...
written by onnetline, June 28, 2008 13:10:44
Honorable Law Minister,

From your good intentions to recommend good reforms, we hope that you will remain to play a part to ensure that good governance and justice is served always , and not just in this high profile case which has drawn public and international interest now ????

The rakyat calls to your integrity to serve proper and true.
report abuse
disagree 0
agree 11
...
written by malsia1206, June 28, 2008 13:21:39
'Sub judice' does not prohibit public discussion on an on-going legal suit so long as they are not commented upon directly by the parties involved in the legal process. Especially more so when the issues affect serious public interests. The presiding Judge is not supposed to read such comments or be influenced by these comments to affect the outcome of his ruling or judgment. But's there's nothing to stop an open bare-all discussion on the merits and legal issues otherwise. How could the Courts cite the public for contempt if 1000 or 10,000 speak out? Round them up and hold them in our public jails? Do not be cowed or misled by these scrupulous parties who cry out 'sub judice' each and every time just because the matter is now the subject of an on-going trial or civil suit. That's pure bull and shit.
report abuse
disagree 0
agree 15
...
written by FFT, June 28, 2008 13:54:45
written by Engineer, June 28, 2008 | 13:04:04
I see no element of slandering the gomen. I only see individuals being mentioned.


You're right, but you're forgetting that Big Mama Boom-Boom thinks she IS the government.
report abuse
disagree 0
agree 31
...
written by Stupid me, June 28, 2008 14:30:32
If the word has been bandied about by say, the PM, who is not legally qualified it is perfectly alright. But not otherwise by the law enforcers. You know who I mean ?
report abuse
disagree 0
agree 4
...
written by Concerncitizen, June 28, 2008 14:35:27
Raja Petra,

I support you and trust you much more than the 5 you mentioned in the SD. May God protect you and give you wisdom. Justice for Altantuya!
report abuse
disagree 0
agree 19
...
written by Eskay Lim, June 28, 2008 14:39:20
COME ON, LOSSMAH,
Go, get your own lawyers and sue Raja Petra in a civil court as an individual.
It's already 12 days since Raja Petra made that SD.
Looks like nobody is going to act on your behalf.
They are only offering half-hearted denials.
report abuse
disagree 0
agree 18
...
written by paulnaidu, June 28, 2008 14:39:22
dear rpk:
just saw a lawyer's letter suing you for the SD! is this true?
report abuse
disagree 0
agree 4
...
written by SeriousLy, June 28, 2008 14:59:36
Now let's think of the possibilities! Why Altantuya need to be erased with C4? Weird! Something hidden in the body? Then why is it that Altantuya's father said "She knew too much"? Knew about what? Until need a few kilo's of C4? Is that revealed yet in court? She is the translator to make the Sub's deal? What other deals? Let's base it on facts from newspaper! How did immigration records get erased? Weird! Still no body from immigration came to testify?
report abuse
disagree 0
agree 19
...
written by SeriousLy, June 28, 2008 15:22:20
Wait..Wait..We all bloggers talk toooooooo much! Wait till Tun Razak become PM! C4 easily available to him! He'll C4 us! He is the also the only one can explain how C4 can be so easily be obtainable to blow up a poor lady from Mongolia to seek justice! "Tun Razak" emm... this name sounds familiar...I think I heard that name is related to may13 69? Am I wrong? eeeeee...scary movie........ smilies/tongue.gif
report abuse
disagree 0
agree 8
...
written by Firaza, June 28, 2008 15:33:30
NOW IS THE TIME TO BRING OUT THE DAMNING EVIDENCES - PHOTOGRAPH'S, VIDEO RECORDING'S AND THE INTELLIGENCE REPORT..

DEAR RPK, WE TRUST IN YOU AND HAVE CONFIDENCE THAT YOU WILL PREVAIL.
report abuse
disagree 0
agree 16
...
written by Msian 2, June 28, 2008 15:37:27
How can the country progress at a faster pace when we have leaders who instead of encouraging the rakyat to open their eyes & ears to report misdeeds are threatened with police charges. Something is very wrong. No wonder we have so many fat cats in UMNO/BN compared to the opposition.
report abuse
disagree 0
agree 19
...
written by rams609, June 28, 2008 15:41:56
written by onnetline, June 28, 2008 | 13:10:44

Honorable Law Minister,

From your good intentions to recommend good reforms, we hope that you will remain to play a part to ensure that good governance and justice is served always , and not just in this high profile case which has drawn public and international interest now ????

The rakyat calls to your integrity to serve proper and true.

ONNETLINE, HOW TRUE. BUT ALL ZAID CAN SAY IS FIGHT YOUR OWN WAR PEOPLE ( LIKE HE SAID TO THE JOURNOS THE OTHER DAY). HE CAN'T DO NOTHING. HE NEEDS SOMEONE TO PRESS THAT BUTTON ON HIS BELLY TO ACT OR REACT. HIS BATTERIES (THE SMALL ONES ON TOP AND SOMEWHERE UNDER THE BIG TUMMY) ARE LOW PEOPLE.

R.SHAN, INTELLIGENTLY WRITTEN. NOW THIS IS THE QUALITY OF A TRUE MALAYSIAN!!!!

JUSTICE FOR RPK!!!
report abuse
disagree 0
agree 10
...
written by Lim Lim, June 28, 2008 15:51:10
'subjudice' to umno means 'shut=up'....this is the level of understanding they could come up with!nothing more.
report abuse
disagree 0
agree 6
...
written by Raja Chulan, June 28, 2008 16:01:03
Contempt
Contempt is a criminal offence. There are two main categories:

the sub judice rules which prohibit the publication of material likely to prejudice the conduct or outcome of a matter before the courts; and
other rules which prohibit interference with the administration of justice and impugning the standing of courts or inquiries.

Apart from the general law of contempt, special tribunals such as commissions of inquiry may have their own specific rules about contempt.

Sub judice rules - the risk of prejudice
The sub judice rules apply to both criminal and civil proceedings. However, most civil cases are not heard before juries. The law considers that juries are much more likely to be influenced by outside discussion of a case than a judge or magistrate sitting alone. Therefore, if there is no jury in a case you can feel freer to report and comment on it. But never prejudge the outcome.

In relation to civil cases, litigants and observers (such as politicians) commonly decline to discuss publicly the issues saying the matter is `sub judice'. More often than not, they are just hiding behind the sub judice rules to avoid legitimate questions, or may simply be mistaken about the law.

When do the sub judice rules apply?
Sub judice rules only apply to proceedings which are `pending'.

Criminal proceedings are pending from the time a warrant for arrest or a summons is issued and end after the appeal or time for lodging an appeal has ended.
Civil proceedings are pending from the time a writ, summons or statement of claim is issued and may be considered to end when judgment is given - regardless of appeals.

Source: http://www.abc.net.au/corp/pub...k/ch02.htm

So there guy, please do not let gunny 4tahil or the politicians to bullshit you. They think that the public are a bunch of idiots.

Timely, write-up by R Shan, Syabas.
report abuse
disagree 0
agree 15
...
written by amjoem, June 28, 2008 16:07:55
R. Shan,
A very good article. It is sad that the members of UMNO are but demons. Demonism was introduced by TDM. AAB and Najib are now using it to their advantage. Anwar is too slow or is he still wearing the singlets and briefs of Abim and UMNO? PAS is still talking about Islamisation. RPK is the best for the PM's job but he doesn't want to get directly involved. DAP has to depend on PAS & PKR and keep apologising to HRHs. Pakatan Rakyat is nothing more than a dream.
How more gloomy can the situation be? Raja Petra's arrest is inevitable. Can we depend on the Rulers to redeem Malaysia. They say that a Non-Malay cannot even be a Dy Mentri Besar. Islam can be the official religion but should be made to be seen and be detrimental to the Non-Muslims and the Non-Malays. Frankly there is no justice in Malaysia.
report abuse
disagree 0
agree 5
...
written by ibabonma, June 28, 2008 16:37:55
What is the meaning sub judice? Simply, 'in course of trial'. So what's the big deal?
report abuse
disagree 0
agree 2
...
written by KotaDamansara73, June 28, 2008 17:11:20
Abdullah says:

"Najib and his wife did no wrong". Abdullah has become the police and the judge at the same time. If Abdullah says you are wrong then YOU ARE WRONG. If Abdullah says you are right THEN YOU ARE RIGHT. THis is democracy. This is what we called separation of power between the judiciary and the legislative.

We are very sure Malaysia economy will fluorish under this kind of political system where the PM is the ultimate decider of everything and anything.

All I can say, that Malays will be doom to 100 years of non-progress and non justice environment. It is very sad to become a Malay and a Malaysian.
report abuse
disagree 0
agree 10
...
written by Naha, June 28, 2008 17:39:56
Handsome chap, is he this Abdul Gani Patail?



Woof woof.
report abuse
disagree 1
agree 10
...
written by Motherchell, June 28, 2008 18:04:35
Great writing Shan !! so wonderfully specified ----a Law Enforcement Officer has to be a donkey not to see the complete architecture of the Laws.

I for one am not a legal pundit to see the full picture of the Laws of Truths , but was flabbergasted when i heard the reactions of the AG and the so called Judicial gremlins.
From my knowledge of the Law, i felt the Sub-judice part was like a pantomime prodded for their own ends. The truth of what Pete said is so clear , if he makes a police report -- it will end up in a garbage bin with no headroom what so ever . Legally the best thing to do will be an SD . What subjudice is the AG talking about when actions taken by him in court itself is plain and blatant contempt of court.

I have always wondered, when judges and lawyers retire --- they usually are absorbed by good Law firms as consultants, or become UN field officers -- all this is to render service to humanity as a whole from experience. -------------from these I'm conjecturing where these specimens will make that soft landing for mankind!!!!!!!!

In a sense the haebus corpus hearing for the Hindraf 5 had the same parallels when the judge gave his reasoning. I know for sure we are on a journey to become part of the African Republics .

I agree with oknyua as said in his blog earlier,
Im too am waiting for the non partisan lawyer, Mohammad Yacob Karim to respond---he can hit it for a double jeopardy!!!!!!!!!!! smilies/smiley.gif

I just wonder -- what actually makes a Judicial Officer proud.???? Truth or burying the truth?????????????And yet they seem to be propped to walk like a crab!!!!!!!!!!
report abuse
disagree 0
agree 3
...
written by Motherchell, June 28, 2008 18:09:04
apologies --- typo--Im I too am waiting for the non partisan lawyer, Mohammad Yacob Karim to respond---he can hit it for a double jeopardy!!!!!!!!!!!
report abuse
disagree 0
agree 0
...
written by bexe, June 28, 2008 18:35:28
Thank you Shan for educating us.
Meanwhile where is the Bar Council on this? You bunch or eunuchs! You are derelict again.
Question to Shan:
The AG says he is looking into the fact that RKP may have defamed his victims. Isn't defamation a civil matter?
report abuse
disagree 0
agree 4
...
written by Watcheyes1, June 28, 2008 19:11:59
written by eeyaw, June 28, 2008 | 11:39:17

"Count me as a supporter of Raja Petra and for Justice for Altantuya!"

Ya me too!
report abuse
disagree 0
agree 5
...
written by joeawk, June 28, 2008 19:12:36
What an ass. The judge will be affected by discussion? The whole world is already laughing n scoffing at the malaysian judiciary and here we have ass talking abt subjudice. What cock is he talking about.

Someone has to be charged, either RPK or those mentioned in the SD. Let us see if the fat pig does his job.
report abuse
disagree 0
agree 4
...
written by educationist, June 28, 2008 20:08:58
I do not think it is fair to blame Karpal Singh for this sub judice nonsense.
The MSM media is controlled by the BN goons and non of them will dare speak in a whisper if their UMNO masters do not allow it.
And the Speaker is , of course, just a 'mousepiece'
So, it is very good of R Shan to put the facts right.
report abuse
disagree 0
agree 1
...
written by my oumrie, June 28, 2008 20:48:58
Hey Naha, what's so handsome about him? My grandson's bottom is better looking and smells nicer too....! smilies/grin.gif
report abuse
disagree 0
agree 1
...
written by CitizenBodohland, June 28, 2008 23:09:38
Kah! Kah! Kah!

Terbuktilah Si GUNI PETAI ni memang loyar gomen yang amat TERBODOH dalam sejarah dunia (not only Malaysia you know).

Bangang tahap cipan sampai boleh keluarkan kenyataan-kenyataan yang tidak masuk akal dan membuka pekung sendiri.

GUNI PETAI, kentut petai lagi wangi daripada mulut hang.
report abuse
disagree 0
agree 1
...
written by rams609, June 29, 2008 12:24:47
"TAK KAN HILANG MELAYU-MELAYU BODOH DI DUNIA"

(From a melayu myself)
report abuse
disagree 0
agree 1
...
written by kawaputra, June 29, 2008 14:44:57
so does this mean any evidence adduced in PP v RPK would be subjudice towards the trial of PP v razak baginda n others? how to conduct fair trial? The SD is definitely relevant for RPK's defence in his sedition trial. May The Force Be With You RPK.
report abuse
disagree 0
agree 1
...
written by Tornado, June 30, 2008 10:00:58
The rule is simple..

If you against the government (just what RPK doing), your voice are subjudice..but if you with the government, your action aren't subjudice at all..
report abuse
disagree 0
agree 1

Write comment
This content has been locked. You can no longer post any comment.
You must be logged in to a comment. Please register if you do not have an account yet.

busy
 
< Prev   Next >
 
Some Images Hosted With
Thank You ImageShack!
 BLOGGERS AGAINST ISA

Powered and Optimized for:
Malaysia Today by MT-TEAM