Just a week ago, I represented a client at the KL sessions (criminal) courts. After a night of preparing cross-examination questions, I was appalled to discover that the client (assigned to me care of Legal Aid Centre) wanted to plead guilty. "Fear of punitive sentencing," he mentioned in Indonesian. And so -- PG it was, in compliance with the client's instructions.
The injustice referred to above was in the process of PG. The charges were read out to him. He was asked by the interpreter if he admitted to the crime. Yes, he said, I admit. He was then informed of the penalties. Then he was asked again -- do you admit? Yes, he said, I admit.
It was at that point that the injustice occurred. The PO (Prosecuting Officer) tendered "Facts" and exhibits. "Facts", which were a one-sided story. Facts, which stated that my client had the drugs in hand when he was caught. Facts, which contradicted my client's statement (as per the interview I conducted at Sungai Buloh prison) that the drugs were in a bag, about ten metres away when he was caught.
My client nodded his head when he was asked if he agreed to the facts and the exhibits. My immediate question: Was my client agreeing because he had told me an untrue version, or was he agreeing because he was pleading guilty? (And thought that agreeing to the facts was part of pleading guilty?)
Methinks an appeal may lie from this case. But the Legal Aid Centre should engage another lawyer to represent this client on appeal.
Subscribe to:
Post Comments (Atom)
About Me
Popular Posts
-
Quick Note: Absalom was a son of King David. This piece was based on his life as portrayed in the Bible. Absalom was David's fa...
-
Not many people know this, but under the Food and Agriculture Organization, set up under the auspices of the United Nations, a treaty known ...
-
Golden Rules of Business Success The Twelve Golden Rules are as follows: Ability to know people's character. You must perceive ...
-
Inspired by flipping Recently, I have been inspired by stories of "flipping" properties. Basically the owners of these propertie...
-
That’s why there was March 8, 2008. That’s why race-based politics will fade and die. Anyone who ignores them – opposition or government – d...
-
In a recent case, Balakrishnan Devaraj v Patwant Singh Niranjan Singh & Anor [2005] 4 CLJ 210, a tout tried to enforce an agreement aga...
-
We went to a faraway court today. Today's session was to seek clarification on the consent order. It was in another state down South....
-
I was fresh out of university. Then I got a job at the family firm. I had a million ideas, when I was back in university, about how I wou...
-
It's Famous... Yes, it is. It's everywhere in the international news at the moment. But it doesn't mean that it's true. P...
-
I had Literature classes when I was young With a debonair tutor in Leboh Ampang. He was teacher, writer, musician, and composer He wrote ...
Blog Archive
Blogs I read (when I have time)
-
-
-
The paradox of insular language7 months ago
-
The End of Blogging (for Me)1 year ago
-
The Only Person Fit to Be Mayor of NYC2 years ago
-
-
My 2019 Annual Review4 years ago
-
No comments:
Post a Comment