Thursday, January 25, 2007

Disgraceful Prosecution In Ipoh Murder Trial. The Attorney-General Must Explain.

Five accused in a high-profile murder trial were sensationally freed today, with the judge putting the blame squarely on sloppy police investigation and poor prosecution.

High Court Judge Justice Datuk V.T. Singham, in his written judgment on the 2003 headline-grabbing case which involved the son of a former Ipoh mayor, raised disturbing questions over the way the case was investigated.

He slammed the prosecution as weak, adding that this was the most unusual case ever presented by a deputy public prosecutor, reports Bernama.

Singham said the whole police investigation into this case was also questionable.

Among his grouses:

** Why did police take six days to carry out forensic tests at the murder scene?; and

** The post-mortem was done by a hospital assistant and not by a pathologist as should be the case.

He said the prosecution refused to name another suspect, who was at large, in his charge sheet for reasons best known to them although it was clear the investigation had shown that he was the main culprit.

He said the prosecution had failed to present a prima facie case against the five accused and the court had no choice but to acquit and discharge them without calling for their defence.

Azman Ismail a.k.a. "Man Datuk", the son of former Ipoh Mayor Datuk Ismail Shahbodin, and four of his friends, were charged with murdering a college student in 2003.

The four are Mohd Shafiq Azreen Mohd Salleh (Boy TC); Mohd Hafiz Ibrahim, (Tony); Mohd Faizal Radzali (Jambu) and Mohamad Rizal Abu Hassan (Adik).

The five, together with Mohd Nizam Ariffin (Tok Mat Kren) who is at large, had allegedly murdered Mohd Hosni Fadzli Mohd Amin by assaulting him, including kicking and stamping on him until he died at Ikhwan Auto, Hala Rapat Baru 20, Kawasan Perindustrian Ringan Kinta, between 3am and 10am on Dec 22, 2003.

Thirty-eight witnesses were called in the 54-day trial which started in January 2005.

Singham today also rejected an application made for the third time by DPP Mohd Dusuki Mokhtar to charge all accused with kidnapping or abduction under Section 365 of the Penal Code. The court was filled with family members of the accused.

After Singham delivered his judgment, the accused continued to remain in the dock, prompting him to repeat his judgment that they had been freed. The victim's father, whose name was not available, said he accepted the decision. (TheSun)

***** MASSIVE cover up is written all over this case. The Attorney-General owes an explanation to every citizen in this country who still believes in the rule of law and that no one, not even the highly-placed and influential are above it. This is the type of incident which clearly portrays Malaysia as a pucca third world also-ran. Shameful indeed.
Image - Source
UPDATE 1/26/07:
1)
IGP Musa Orders Comprehensive Probe Into 'Man Datuk' Case
2) Perak CPO denies sloppy murder probe

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3 Comments:

Anonymous moo_t said...

Curious about the victim father reaction.

Just matter of time criminal can buy their way out from "unprofessional prosecution".

2:54 PM GMT+8  
Blogger warrior2 said...

"MASSIVE cover up"! my oh my. you are full of drama as always!

It does seem that The Malaysian thinks those people are guilty and that they were released because the police and the prosecution purposely didnt do a good job. No wonder the dramatic exclaimation by him.

Well, I dont know how he could conclude that. Did he withness the act? Did he followed the trial every second part of it?

BTW, one of the accused is only the son of a former mayor. NOw, how VIP is that person or the former mayor that he deserve a cover up as alleged by The Malaysian? Of course in this case, The Malaysian is saying that our prosecution and police is corrupt and in other cases, the court is corrupt.

Oh well, when things dont go some peoples way, the whole thing is corrupt. BUT if the decisions go thier way, they will say, the court is fair and free of manipulation!

PLEASE MAKE UP YOUR MIND as to WHICH IS WHICH?

2:59 PM GMT+8  
Blogger The Malaysian. said...

You're spot on moo_t! I too was wondering at the very overly calm reaction by the father. Perhaps someone has 'settled matters' with him.

3:03 PM GMT+8  

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