Thursday, 12 January 2012

Justice will be further served if there is an Appeal to the Higher Court

“… it is not merely of some importance but is of fundamental importance, that justice should not only be done, but should manifestly and undoubtedly be seen to be done.”
Lord Hewart

Since Anwar's acquittal on Monday 9 January 2012 there has been intense public debate on whether the Attorney General should appeal to the higher Court of Appeal to overturn the decision. I guess the AG would wait for the written judgement by the Trial Judge before he would make any decision which should be made within 14 days from the date of the acquittal i.e by 23 January 2012.

Unsurprisingly, the Bar Council which seemed to be more interested in the fate of the accused than the complainant has issued a statement to tell the AG not to appeal, here. Rather in haste I should say considering that the written judgement has not even come out yet.

Unsurprisingly, the Pakatan folks are in complete agreement with the Bar Council here. Yup they are best of buddies nowadays aren't they the Bar Council and Pakatan, they are almost like twins. Did I hear somebody say the Bar Council by its nature should be neutral? Yup, like justice for the complainant too?, and  not just for the accused. 

Ya, sure, Saiful is a nobody, just a son of a retired civil servant but in Malaysia's democracy every Malaysian is supposed to have equal access to the Law, not just the accused who is a rich politician defended by a battery of senior lawyers.

Well anyway so much for the Bar Council, in the mean time, Saiful's father has called to the AG to appeal the High Court decision, here.

It seemed that the Sodomy Trial Prosecution team is very keen to appeal, according to the report here

Picture thanks to MI
Still, it is the AG, Tan Sri Gani Patail and he alone could decide whether to appeal to the Higher Court or not, I am confident he will do the right thing without fear or favour, but in the interest of Justice I hope the AG will, the independence of the Judicial System will be further enhanced with an appeal.

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