tag:blogger.com,1999:blog-1005935195858961387.post7700869871379650578..comments2023-06-28T07:55:43.485-07:00Comments on THINKING ALOUD: AN INTRIGUING MURDER CASEHiriyatihttp://www.blogger.com/profile/14741145865335960060noreply@blogger.comBlogger1125tag:blogger.com,1999:blog-1005935195858961387.post-48715479371452645472009-04-12T00:21:00.000-07:002009-04-12T00:21:00.000-07:00Puan,Ya, that murder case fascinates many. I have ...Puan,<BR/>Ya, that murder case fascinates many. I have got to say that one have to put himself or herself as the Judge. In this case it was Dato' Zaki Yassin whom I know so well. He was 2 years my senior in UM Law Faculty. As a judge, of which I had the experience of being a magistrate b4, one need only see and consider the evidence brought to court i.e what was tendered and narrated in the Ct room and nothing more. Not anything that is written in blogs or the newspapers whether local or foreign. Unless and until such were tendered or brought to court with the maker or makers of the blogs and or newspapers be examined, cross examined and re examined. Yet again, such need supporting or corrobating evidence. Failing all that, the judge must ignore all that have been mentioned above.<BR/>In cases of murder, under the law, motive is not an important part of the ingredients to be proven. Dont be misled by movies etc etc as some might not be made using the same legal system that we practice. The US legal system differ in many ways to the British system and naturally the Islamic system.<BR/>When a judge consider an evidence brought to court, he need to see the quality and quantity of the evidence presented. Evidence adduced can be from 0% to 100%.<BR/>In the case that we are discussing, the evidence against Razak might just be say 5% and the evidence against Sirul & Azilah might be 100% or even 99%. As a judge he need to be satisfied that he is sentencing the guilty person. The other person might be guilty too but sad to say the the evidence against him is just 5%. In the minds of the Judge, evidence which is just 5% might just be given the benefit of the doubt and acquit him.<BR/>From my own experience, I always say and pray, lets acquit him as I dont want to suffer sleepless nights sentencing an innocent person. As a Muslim, I pray that Allah will punish him too if at all he is guilty. Better to acquit a guilty person rather punish an innocent person!<BR/>By analogy, in handling our children too, we cannot be punishing our children bcos someone say that our children have been naughty without even been presented with solid evidence. Unless we are the panas baran type and start hitting at our children without usul periksa.<BR/>Bukan senang jadi hakim and that was among the reason I resigned way back in 1984...<BR/>SalamSmall Talkhttps://www.blogger.com/profile/14131456468689078006noreply@blogger.com