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Wednesday, December 08, 2010

The AG and Documents

I read with particular interest a report by the Malaysian Insider that the AG was ready to declassify documents which are now classified as official secrets under the Official Secrets Act in the Tun Ling Liong Sik's prosecution.

The AG was quoted as saying, "I have no problems. I will provide the documents." The reason for doing so, according to the report is, "we have an understanding...that this will be sorted before the trial proper starts."

The report continues to say that "the top government lawyer said he was doing it to ensure the trial would run smoothly."

Tun Ling is charged under section 418 of the Penal Code. That charge, upon conviction, carries a sentence of imprisonment of up to seven years or a fine, or both.

It is good to see the AG willingly disclosing all documents to the defence for once. In this case, those documents are deemed so important to the nation, so much so they were categorised as official secrets. The disclosure of these documents may even affect national security. That is why they are so categorised.

However, in order for the court to arrive at a fair and just decision, the truth must come out. It is therefore only fair for the AG to declassify the documents so that the trial will run smoothly (as the AG is quoted to have said) and also to enable the defence team to prepare its defence properly.

The willingness and the speed by which the AG agrees to declassify the documents and is releasing the same to the defence is however a far cry from the Sodomy 2 case, where the AG is unwilling to even release medical notes and reports to the defence team.

The medical notes and reports are personal in nature. They are not categorised as official secrets. They are just about the accuser's rectum, what it contains and how the rectum looks like. To put it bluntly, those reports and notes are about, well, to be crass, they are about a person's ass. Nothing more.

These documents are essential to the defence. They will serve to justify and verify the truth and accuracy of what the various medical doctors are saying in their testimony. The disclosure of these documents will no doubt ensure justice and fairness.

It will reveal the naked truth.

However, the almost belligerent unwillingness to disclose those documents to the defence in the Sodomy 2 case is surprising, especially when viewed against the  almost voluntary co-operation to disclose official secret documents by the AG in Tun Ling's case.

Tun Ling is facing, at the most, a 7 year sentence and yet documents deemed to be official secrets of the nation are easily and promptly released. Meanwhile, Datuk Seri Anwar is staring at a 20 year sentence and yet, personal notes and reports of doctors in respect of a certain part of the anatomy of the accuser are being withheld as if their disclosure would cause Armageddon and the whole mankind might be wiped out upon their disclosure.

Why, may I ask, the difference in treatment of the two cases in so far as disclosure of documents are concerned?

13 comments:

ygbenor said...

Great stuff. AG double standard.

LAT said...

I guess the OSA documents affected so many Tun ship VVIP whereas the Non-OSA will affect the whole Malaysia if DSAI is to become the PM ?

Anonymous said...

Art:
As a lawyer you should know that it is against the law to 'distribute' documentation of 'private parts'.
If doing so, the prosecution itself might end up behind bars!
However it is not against the law to distribute de-classified documents.

Anonymous said...

Why the medical notes are not tendered either by the pros'n or by the defence during xx-exam is a mystery.

The medical rpt was tendered by the pros'n. The defence should have elicited in xx whether the rpt was prepared based on the 3 doctors recollection of their clinical exam or was it prepared months later based on the medical notes. If it is prepared based on the medical notes, then the report when tendered should be accompanied by the notes. I think this is basic law of evidence.

If a person lodged a 'police report' based on his collection of events, then only the rpt is admissible. Whatever notes he might have prepared is inadmissible. But if he lodged the 'police rpt' months later based on his notes which he had jotted down at the time of the incident, then the report if tendered should be accompanied by his notes. This is basic evidence rule of evidence.

contrary to what that Yusoff fella said, both the medical rpt and notes could be used not only to corroroborate the witness u/d s.157 EA but also to contradict him. There is so man cases on point.

Fair Play said...

Harun, please ask Anwar's defense team to apply again for the medical reports and police reports and cite this Ling Liong Sik case as justification.

Batang Berjuntai said...

Lain padang lain belalang,
Lain orang lain lubang;
Ini semua sandiwara wayang,
Serious depan main belakang!

Anonymous said...

It's quite elementary, my dear Art. The AG is willing to declassify Ting-a-Ling's documents simply because the documents will help clear Ting-a-Ling whilst Saifool aka Shitfull's documents are so full of shit that it will destroy the prosecution's case. It's all a set-up.

Anonymous said...

They just want to bolt the door on one and leave it ajar for the other.

Anonymous said...

Without an iota of doubt we can conclude that The AG always sided with the side that will benefit the government. Who in their right mind would regard him as impartial?

siewchinteo said...

ehhhh....if evidence from the a** is released, it means shit will hit the fan?

Anonymous said...

Biasa la tu, selective as usual. When there is pressure and special interest or influence from those in the corridor of power, anything that is impossible can be made possible.

I pray that he will be a new man after coming back from Hajj. Moga diberikan Haji yg mabrur dan diterangkan hati AG kita untuk ikhlas menegakkan kebenaran. Amin!

ikhlasmalaysia.blogspot.com

Khalid said...

The script for this trial of Ling was written even before it began. Sure, the trial will proceed but planned to conclude that he will be finally freed (for lack of evidence or other technicalities I am sure the AG and his henchmen are expert in fabricating). Otherwise, if they actually want to nail him and he is cornered, names of other big shots who had their hands in the cookie jar will be implicated. Of course they don't want the shit to hit the fan, to save each others' arses!

Anonymous said...

thats UMNO way to crucify Anwar. Btw, Ling is BN man and the trial is no more a pre-election charade.

Zaki, you from UMNO?