Judges not going by the book
I refer to the letter by Dr Sarah Verghis entitled Why different bail standards?
I don't disagree with Verghis that the mother should be given bail as a matter of right but I find it puzzling that she's so befuddled about it. Where has she been all this while? Hasn't she heard of the Anwar Ibrahim Rule?
Malaysian judges today do not go by the book. They decide according to whether they will remain secure in their position. Show me a judge who dares to decide without fear or favour (in a case in which the political masters have a vested interest) and I'll show you one who is either in cold storage or has been constructively demoted.
The abused maid case hit the headlines and Prime Minister Abdullah Ahmad Badawi has said that he wants to see justice done. The judge takes this to mean that he must do everything he can to send the accused to jail - even before the trial begins!
In this regard, he will no doubt cite the leading case of Anwar Ibrahim vs PP decided by the highest court of the land. It is the authority for any kind of legal proposition advanced in order to deny the accused due process, a fair trial and his most fundamental right, which is the right to be presumed innocent until proven guilty and hence should be given bail.
So Verghis, your fuss about the mother, albeit well intentioned, is missing the point. Look at the big picture and help fight the system. If you're a medical doctor, then I'd say attack the root cause - not just the symptoms - and we need more people like you.
Anwar has been doing time on much lesser charges without the benefit of bail. Even before being proven guilty, he was already put behind bars and has been there ever since. As to the sodomy charges, the judges at every level bent backwards to side with the prosecution that he should be denied bail .
And yet his lawyers had to talk all the way to the Federal Court only to be told that their hands were tied since this was a matter on which they (the judges) had no jurisdiction. Now that is the Malaysian judiciary for you!

