Saturday, July 12, 2008

Alamak! Another Own Goal Scored!

I was reading the interesting written judgment of the acquittal of William Ding by Justice V. K. Rajah when the subject of "factual guilt" nearly threw me off my chair!

'It is not helpful...for suggestions to be subsequently raised about the accused's 'factual guilt' once he has been acquitted. To do so would be to undermine the court's finding of not guilty and would stand the presumption of innocence on its head, replacing it with an insidious and open-ended suspicion of guilt that an accused person would be hard-pressed ever to shed, even upon vindication in a court of law.' Justice V.K. Rajah

'As long as a reasonable doubt remains, the accused is entitled to be acquitted, even if the judge thinks that he is probably guilty. When reporting an acquittal, this nuance is often not appreciated... Prosecutorial decisions are not taken lightly. When cases turn on witness evidence, credibility, consistency and corroboration are key considerations.

'Remember that not being able to prove beyond reasonable doubt that A is guilty does not mean that he is innocent. He may be guilty in fact, but innocent in law because the evidence was not there.'
MR CHENG HOWE MING, spokesman for the Attorney-General's Chambers in a letter to the Forum Page, May 14

Is the government, through Attorney General's Chambers, treating judges like peasants too?

Has the whiter-than-white integrity of our judiciary, trumpeted ever so often by the government, come to pass? Or do we want only kangaroos to preside in our courts?

Since the government has made a mockery of nation building and national service by paying their ministers obscene salaries, is it time now to mock the public again by interfering with the justice system with a term like "actual guilt"?

Though little people in Singapore has been treated with contempt by the government, I'm amazed that judges are now treated like dirt too. So much for the integrity of court and judicial system in Singapore! So much for the decency of the government! Or is the AG Chambers not under the government just like Mas Selamat jalan had nothing to do with Wong Kan Seng?

Yes, being treated to incredible "sucks" like
is to be treated with contempt, to be treated like damned idiots being "fixed and bought"! Most people are bloody struggling with rising prices of everything and we are reminded of "golden period", "promising years", "our mother, sister, daughter working as maid". Sheesh, the only ones enjoying the golden period are the ones changing and writing the golden rules!

If William Ding is alleged to be "factually guilty", could J.B. Jeyaratnam, Francis Seow, Tang Liang Hong, Chee Soon Juan, Chee Siok Chin be "factually innocent"?

What about Chia Thye Poh (22 years in jail plus 9 years in severe restriction) who did not even have a judge passing sentence on him?

Who's Law is it anyway?

Your guess is as good as mine!

With Justice V. K. Rajah, there may be hope yet for Singapore!


But thinking of Micheal Khoo, I have concern over the brightness of his future.



At July 12, 2008 at 11:09 PM , Anonymous Anonymous said...

Justice Rajah salary - is he beholden to the PAP or AG Chamber? Will he be demoted next?
You have a good point- as Chia Thye Poh never confessed to his terrorist / communist 'crimes' does that make him 'factually innocent', and LKY factually guilty of suppressing and fixing the opposition of the day?

At July 13, 2008 at 11:53 AM , Anonymous Anonymous said...

you shouldn't be surprised, the government has been to introduced terms to put black into white, guilty into non-guilty, lies into fact. Isn't the term honest mistake invent by Singapore. Do you know that there is a recent new term introduce during the court case to free those coffers of lies ? It is called InAccuracy.

Now, the new term you write about is called factual guilt.

Of course, LKY no matter how corrupted and treason he is will be free from all charges against him because he make the law, honest mistake, inaccuracy, factual guilt and all rubbish ever invented.

At July 13, 2008 at 11:23 PM , Anonymous Anonymous said...

We don't need more judges like Rajah. This is the same judge that presided over CPF Protest court action, and was entirely wrong in his judgment since Singaporeans have a legitimate right to peaceful protest under the Constitution.

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