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Niamah!!! Chinese version YorMarder!!! http://niamahinchinese.blogspot.com/

Wednesday, August 29, 2012

Be Angry!

If you have been incensed by what happened during the past few weeks concerning the statutory rape cases involving a national bowler with a 'bright' future and more recently an electrician and a 12-year old girl, read this article. Get angry. Do something. Write to your Member of Parliament. Write to the newspapers. Write online. Make your voices heard.

NIAMAH!!!

Double standards in sentencing

Brave New World
By AZMI SHAROM


There are times we hail court decisions and there are times we find them bizarre. But if we ignore the incredible disparities in some court decisions, it is only at our own peril.
HOSLAN Hussein gets one year in jail for inaccurately chucking (he missed) his slippers at a judge. Noor Afizal Azizan gets a fine and zero jail time for raping a 13-year-old girl.
It boggles the mind. Hoslan’s sentence, in my view, was very harsh and over the top.
But even if one were to believe that the sanctity of the courts is so fragile that a punitively deterrent punishment is required for the flinging of footwear, it is impossible to ignore the incongruous disparity in the punishments meted out to these two men for crimes of such vastly different seriousness.
Much has been said about the judge’s unbelievable comment when sentencing Noor Afizal. Apparently being a national bowler with a bright future is enough to let you escape jail time for rape.
Actually, what is this “bright future” the judge is thinking about? The man is a child rapist; he confessed to it. He should not be allowed to represent the country in anything at all.
And in case you think there are mitigating issues in this case, namely that the sexual act was supposedly consensual, allow me to argue otherwise.
In this case, the girl was under the age of consent. This means the crime committed is statutory rape. The issue of consent does not even arise in such cases.
The reason for this is because we as a society have long ago determined that the young girls of our community deserve protection.
It does not matter in the slightest that children mature at different rates; what matters is that in general, this society believes that girls under the age of 16 are not yet ready to make decisions regarding their own sexual activity.
There are mental, psychological and also physiological elements to this need for protection.
The sexual act by itself could have implications for a child’s well-being, but a child from our society would surely be traumatised in the event that she got pregnant and had to face either childbirth or abortion.
Furthermore in immature bodies, the experience can also be seriously harmful physically.
I use the term “a child from our society” because I realise the age of consent will differ from nation to nation and culture to culture.
But in the case of statutory rape, there is no room for comparative anthropology. What matters is what we value for our girls.
I always believe that Malaysians care for our children. We want them to have a sound and safe childhood so that they can go to school and build a strong foundation for their future.
This is why we want to protect them for as long as possible, for it is this safety that helps to establish an environment where they can mature and flourish at a pace which we believe is healthy.
The judge in making his decision could not possibly have been thinking about this bigger picture. For if he had, he would have realised that his judgment was not only about Noor Afizan and the girl he violated, but also about all the girls in this country and our collective concern for them.
He has in effect dealt a blow to one of the few noble values that the people of this country universally accept — that our children should be cared for and be protected.

39 comments:

Anonymous said...

Pat,
we can expect many thing from court this days. This is why we have been label a fail state.more over people also call malaysia court a kangaroo court. -I wander what does it mean?

Our society is indeed dangerous now.
Last week two bouncer get shot in front of the night club and kill.I wander what has the government react on this important matter.?? sure have many question without answer these day in Malaysia.

AngeL BeaR said...

this shows that no female babies, little girls, young girls , young women, elderly women are safe in Bolehland. Because as long as that someone has a 'bright future', that someone can simply rape (or issit 'consensual sex') and ran free. =/

Anonymous said...

I think we must tell the judge Raus, if one day it should happen that his grand daughter of 13 years gets raped by "a person with a bright future," he should also feel that justice has been done.

Jin said...

A symptom of a sick nation. It's sad and disgusting enough to have shameless people in our midst. It is almost despairing to expect such judges to uphold justice!

ordinary malaysian said...

And all this time, the courts have forgotten that the punishment for rape, statutory or not, is mandatory imprisonment? Read section 376 of the Penal Code which goes like this:

Whoever commits rape shall be punished with imprisonment for a term of not less than five years and not more than twenty years, and shall also be liable to whipping

Note that the operative words are "shall be punished with..." NOT "may be punished with or shall be liable to be punished with..."

'Shall be.." means mandatory and "May be or shall be liable to be punished..." means permissive.

In the former case, imprisonment is a must or mandatory upon a conviction. No two ways about it.

You can't resort to section 294 of the Criminal Procedure Code to order a binding over where the prescribed punishment is a mandatory one as opposed to a permissive one. Otherwise you make a mockery of the purpose for Parliament prescribing a mandatory imprisonment for rape.

That is why you don't hear of a court binding over a convicted drug trafficker, even if he a first time or youthful offender or has a bright future because the prescribed punishment for drug trafficking is mandatory death sentence!

In the case of rape, the punishment is a mandatory imprisonment of at least five years and the offender might also be whipped.

Anonymous said...

Glorious past can eh? Say Roman Polanski

Muhammad Ridhuan bin Kasim said...

Mahkamah dan sistem keadilan kita sekarang sangat menghampakan. Ada banyak lagi kes-kes yang seakan serupa, keadilan tidak ditegakkan dan tidak kelihatan ditegakkan. Yang pasti, mahkamah dan para hakim terus menikmati reputasi yang kononnya tinggi dan bagus...
This really needs fixing because it's been too long overdue!

Muhammad Ridhuan bin Kasim said...

Oh, forgot to add, nice blog btw, will be reading from you on my Google reader from now on. Cheers! :)

KoSong Cafe said...

The bowler's case decision had set a legal precedent and soon after another similar case followed. We can expect defence lawyers to cite them in similar cases in future.

The judges' role had been tempered by considerations other than law. If the law is bad, it is up to the lawmakers to change, not up to the judges to bend the rules, which looked after the man's interests at the expense of the girl. They are not fit to be on the bench for failing to uphold the law which did not provide for any exception.

We have been too forgiving in execution of the law: from a former minister who was pardoned after conviction for murder; to deliberate poor prosecution which led to the release of hard-core criminals; police who took advantage (for their own benefit) of suspects detained with possessions of weapons and tools for criminal activities; and so on.

Over a period of time, the culture of 'everything can be settled' has led to the increase in crimes.

Anonymous said...

wah-lau-weeh, I do hope that this is not opening the floodgates to hump underaged sweet young thing.

umno/bn justice never fails to amaze me.

devious17

Celaka MAHAthir said...

Janji Freedom for Statutory Rapists Ditepati kini!!!

V K LINGAM said...

KOREK! KOREK! KOREK! These are the type of judges you get when you have Mamaktiu, Vincent Tan & Tengku Adnan supervised by me to appoint them.

worry said...

What a sad day for Malaysia.

Bright future for the rapist but I think NO future for Malaysia.

Au and Target said...

Good piece. But what makes you think this judge wasn't thinking about the bigger picture?

doraemon1972 said...

Mr/Mrs/Miss Au and Target,

What bigger picture?

wongty robert said...

Looks like now on record, we have three statutory rape cases OK by Malaysian judges, one old Malacca case plus the two recent cases. Just wonder out loud, is it possible that these judgements, nutty in a civilised world and totally without morals, are a prelude to a high profile case coming soon to the Malaysian courts? Well, hope it's just an evil thought but cannot be help, a lot of devils around!

monsterball said...

What kind of a Judge is he?
Where is his sense of proportions....fairness in the victims?
I have a strange feeling race politic is involved...for drug addicts and rapists...the percentage from one race is heavily tilted to.
Unbelievable low class judgements.

Anonymous said...

How can Yen Yen tell young tourists to cuti cuti here when they can be rogol by bright malaysians?

Anonymous said...

What do you expect fom pariah governance? Anyway, it is the choice of Malaysian , as they elected this government. Make noise no use, use your vote!

Tanda Selamat said...

Najib is very desperate now for votes.

He may have to resort to dance 'Gangnam Style' with Rosmah to appeal to young voters.

Puterajaya is engaging Psy to be the trainer.

Rais could join in too although this is not adat melayu.

Anonymous said...

Does the judge know the meaning of statutory rape? It has nothing to do with consensual.

mutusamy said...

Do not waste your money on Tanda Putera.

Watch 'Gangster Macha' instead.

Anonymous said...

Think twice if you plan to send your kids to National sport School, a lot of "bright future" National player are trained at the school.

This is the song from the Judge to Noor Afizal Aziza(rapist):

Fikirkan Boleh

Jika kau fikirkan kau boleh
Kau hampir boleh melakukan
Jika kau fikirkan ragu-ragu
Usahamu tidak menentu

Jika kau fikirkan kekalahan
Kau hampiri kegagalan
Jika kau fikirkan kemenangan
Kau hampiri kejayaan

Engkaulah apa kau fikirkan
Terkandung dalam pemikiran
Kau fikir boleh melakukan
Fikirkan boleh

Percaya apa kau lakukan
Tabah apa kau usahakan
Bertindak atas kemampuan
Engkau boleh

Luke said...

Malaysia boleh mah........So, anything pun boleh.

Ellese A said...

How come people are easily misled. Issues of teenage consensual sex is a current phenomenon worldwide. Every jurisdiction is grappling with mind and mind you include US and UK. Statutory rape incarceration has seemed harsh in many jurisdictions for teenagers/juvenile. It applies to both man and women. Thus an adult woman sleeping with a 16 year boy is also committing rape. For this Singapore enacted a different law with different penalty for this offender as opposed to statutory rape. We should look into that. In fact we should oppose all teenage consensual act and further increase the age to 18 or 20. This should be the value we hold.

Anonymous said...

The judges can be "forgiving" because it's not their daughter or grand daughter involved...

Doris said...

I saw this Dougls Lim's biodata on the JB Festival handbook that reads "due to his greed, he is also many things".

No wonder he also prostitute himself for Umno in Tanda Putera movie.

Shame on him!

Voyance gratuite par mail said...

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Anonymous said...

Shit to Douglas for being a tanda najis!

Elvira said...

For more evidence and pictures of diuble standard practices of PDRM, see here:

http://malaysianfirstlast.blogspot.com/2012/09/double-standards-and-more-double.html

Geronimo said...

The late Yasmin Ahmad's movies have always been done tastefully in fostering and uniting the various races of this country, while Shuhaimi Baba is nothing more than an opportunist in trying to divide the races via this crappy Tanda Putera movie.

Millie Ho said...

Patrick

Please use your site to support Himpunan Hijau Pengerang to be held on 30 September 2012.

Thank you.

monsterball said...

Yasmin Ahmad was a patriot.
Shuhami Baba carries Najib balls...a kucin kurap low class BN broadcaster.

Anonymous said...

Surprise ? I am not. In this shithole we live in nowadays any shit is expected. Remember when a bigshot rape a young girl, and was let off scot free while the person who tries to protect her got a jail term. Surprise, I am not. Not any more.

Doris said...

This story reminds me of your Kee huat Fantstic Facts & Fancy:

http://www.freemalaysiatoday.com/category/leisure/2012/09/15/10-strange-sex-facts/

Alisya said...

I am very angry with Suhaimi Baba!

Ziman said...

Seems like Patrick Teoh has been 'silenced' by BN?

Anonymous said...

niamah now got erectile dysfunction?

why no update?

Anonymous said...

Thank you Ziman for resurrecting Patrick Niamah, at least for now while the effect of the blue pill is taking effect!

Nuffnang