Tuesday, January 18, 2011

CONSTITUTIONAL REVIEW


 It has become plain now that the Professor would like to see students write on at least  one current affair in the Malaysian Judiciary.  Just a suggestion below but remember you must cover  all other areas reasonably well before you  start commenting on current affairs. A clue here- was justice done in Teoh's case? It can go either way - 1. was there a proper investigation? 2.was the outcome legally satisfactory?  Give your views as a law student and refrain commenting political or moral opinions.( for eg. life is so unfair... God  will send those murderers  to hell ... OR WORSE STILL ...the Judge must be shot!!! )    Remember you are in a law class- not a philosophical class.)

Teoh’s family
The coroner’s verdict today only succeeded in prolonging the nightmare for the Teoh’s family members who were already traumatised by the tragedy. In the week of his untimely death, Teoh was to have registered his marriage with his then two-month pregnant fiance Soh Cher Wei. She is now a single mother to a newborn son.
WINNERS
Coroner Azmil Muntapha Abas
Azmil fared considerably well despite being in the hot seat in presiding over the highly-publicised inquest. The coroner notably cut through all the fluff in the case, ignored political considerations and delivered a decision that, while inconclusive, had been based on all the evidences provided before him during the inquest.
Prime Minister Datuk Seri Najib Razak
The Prime Minister kept out of the political rhetoric that Teoh’s death had generated but scored points when he gave his word that he would leave “no stone unturned” in the case.
Questions remain now however on whether the premier will honour his words on the formation of the Royal Commission of Inquiry to further probe the incident. He had earlier claimed that the Cabinet had agreed to forming the RCI.
Thai pathologist Dr Pornthip Rojanasunand
Already an acclaimed and well-celebrated forensics expert, Dr Pornthip will always be remembered for the stir she had caused when she first suggested the possibility that Teoh’s death could have been caused by murder.
She was also the star of the trial particularly when examined by MACC’s Abdul Razak where she questioned the lawyer’s credentials and defended her impartiality in the case by saying:  “You have to understand. I work for the rights of the dead, not for the Selangor, or for the Malaysian or for the Thailand governments.”

THE MOST FAMOUS PERSONALITY FOR THE PROSECUTION

MACC prosecution chief Datuk Abdul Razak Musa
Probably the most famous personality from the inquest is Abdul Razak who had suggested that Teoh could have strangled himself and even proceeded to demonstrate the act to the court.
His antics were uploaded on the Internet and within minutes, the senior lawyer’s stand-off with Dr Pornthip during cross-examination earned the former much ridicule from online viewers from around the world.
In one comment on broadcast site YouTube.com, a viewer suggested that the video be used in law schools as lessons on “how to fail your law exam”.
THE BIG QUESTION :-If a finding of a tribunal is perverse, what is the appropriate action that needs to be taken by the affected party?
[ Just a little reference to the procedure relating to inquests S 339, 341 & 323 Crminal Procedure Code- do not elaborate too much on this - this is an AL paper)

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