Malaysiakini

Judge shows true colours in Umar's case

YOURSAY 'What if this were a capital offence - we execute the offender first and then have his appeal heard the following Monday?'

Umar gets stay on sentence after weekend in jail

your sayGerard Lourdesamy: I am shocked by the conduct and comments of Kuala Lumpur High Court judge Amelia Tee Abdullah. The bail conditions are entirely unwarranted and a serious infringement of student activist Umar Mohd Azmi's constitutional rights.

The offence he was convicted of was only of obstructing a public officer in the course of his duty, the judge treated the case as if it was a serious crime.

This judge has time and again proven to be more "executive minded" then the executive itself. It is time that judges like her be reported to the Judicial Ethics Committee for grave misconduct.

If one still feels like a serving officer in the Attorney-General's Chambers who is obliged to toe the government line, do not sit on the bench and pretend to dispense justice without fear or favour.

This decision of the judge is nothing but a travesty of justice. The Court of Appeal should intervene to correct this injustice.

Indeed, why wasn't bail granted by the magistrate in the first place as this was a minor offence?

The High Court should have allowed the bail on Friday itself even if the deputy public prosecutor (DPP) could not be found as there were no extenuating circumstances to deny bail.

The conditions imposed by the judge (who was formerly from the AG's Chambers) are totally unnecessary given the nature of the offence and the maximum penalty that can be imposed.

Onyourtoes: I am not a lawyer, but I just want to draw attention to the judgment today. It says, "If he (Umar) is found so (involved in similar offences), the prosecution is to apply to immediately revoke his bail. Then he (Umar) will have to serve his sentence immediately."

I though the whole purpose of his appeal is to challenge the offence he was convicted on. If Umur thinks he is not guilty, why can't he "commit" the same act again?

Is granting of bail a favour done by the court or is it an obligation under the law? I wonder what if this were a capital offence - we execute the offender first and then have his appeal heard the following Monday?

Wira: Do we hear judges giving warning to those on appeal for corruption not to engage in controversial activities that would put them under the scrutiny of the public or police for corruption?

Suan Water: I'm still wondering how come it was so easy for the judges to send Umar to jail while former Selangor MB Mohamad Khir Toyo still walks free, pending appeal.

That does not make sense and to the ordinary man on the street, it shows how that we have a problem with our judges and judiciary system. Convicted million-dollar criminals walks free while small fry gets fried.

Sa Tombs: This judge should disqualify herself. She appears to have already prejudged by saying that he is not to commit a similar offence while waiting for the appeal. This does not augur well for the judiciary.

The courts are open to the public and there was nothing to stop the judge from granting bail without the presence of the DPP last Friday. Further, the court could have waited until the DPP was found.

Jesse: Bail should have been granted right from the start by the magistrate. One wonders where is his sense of justice or is he looking for a quick promotion given his basic training and inexperience at this stage of his career.

The DPP should have been ticked off for his quick disappearing act instead of using that as an excuse for sending the student to jail for standing up to his conviction. One up for the student and two down for the criminal justice system.

Lim Chong Leong: The court is to dispense justice and serve the rakyat but 1Malaysia courts serve only Umno. They colluded with the DPP who conveniently did a disappearing act to jail the poor student because he dissented against Umno.

A stay should have been granted when the DPP failed to appear and the court could have convened a special session anytime from Friday to Sunday and not have jailed the student.

Pputeh: The judges were scoring points for herself/himself. Sentences must fit the crime.

Where is justice if people who swindle millions of rakyat's money walk free, and the blocking a public servant will earn a person a one-month jail term? I'm still scratching my head over such judgments.

Lover Boy: Umar Mohd Azmi, lift you handcuff hand high to show Malaysia what Malaysian justice is all about. Wear that cuff proudly, do not let it break your spirit or your soul.

You have gone through the baptism of fire and you should be stronger. We Malaysian are proud of you.

Mirror On The Wall: You can handcuff and jail this shining example of democracy, but you can never imprison his heart and soul that yearn for a better Malaysia.

And the only reason I can think of why the present regime is so brazen with its action against a minor act of dissent is that because it is supremely confident of a two-thirds majority win.


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