Cautioned statement

The Court of Appeal is sitting in Penang for the past three days. There is an interesting murder case coming up for appeal. Lim Chooi Huat v Public Prosecutor. The High Court sentenced the accused to death.

The crux of the argument of the appellant counsel is the admissibility of the cautioned statement (also known as s113 statement). The appellant is a Form 1 drop-out. The appellant counsel pointed up that the Recording Officer (RO) failed to administer the caution to the accused. The counsel argued that the RO read the caution but not explain to the accused (baca tapi tidak terangkan).

The defence quoted the cases of Hizbullah, Tan Ewe Huat etc.

The panel of three judges reached an unanimous decision today that the trial judge has wrongly admitted the caution statement and there is insufficient evidence to call the accused to enter defence.

The accused is discharged and acquitted. The defence counsel is Sithambaran.

For further details and the photos, please read the major newspaper.

Anyway, the issue of admissiblity of cautioned statement will be part of the legal history. The amended Criminal Procedure Code (effective 1-1-2007) will remove the clause.

Not an exact science

Quotable quote from the judgment of Singapore High Court in the divorce case of NK v NL

"Division of matrimonial assets is not and is never an exact science. The court can only attempt to make a just and equitable division, applying a broad-brush approach. "

The Court further awarded to the petitioner/wife by way of monthly maintenance a sum which was adequate for the standard of living she had been accustomed to in recent years, during the subsistence of the marriage.

Affirmative Action around the World

My learned friend, Sdr Yeap Cheng Liang, has written a letter to Malaysiakini. He quoted the book "Affirmative Action around the World" by Thomas Sowell. His letter can be accessed here.

Yeap also send me the book. I managed to finish the chapters on India, Sri Lanka and Malaysia. I am still reading the chapter on Nigeria. I will like to thank him for the kind gesture.

The issue on equity and marginalization would be the highlight of the coming General Election.