Saturday, October 20, 2012

Never Hurt A Robber, Burglar or Intruder...

...because he maybe killed in the process and you can be charged for murder.

Crazy, right?

Well, apparently not.

As the case of brothers Frans Hiu, 22, and Dharry Frully Hiu, 20 who were found guilty of a crime they committed two years.

The High Court in Shah Alam sentenced them to death on Oct 18..

The brothers  were jointly charged with ha­­­­­ving a common intention in the murder of 26-year-old R. Khartic at a shophouse in 3A Jalan 4, Taman Sri Sungai Pelek in Sepang at 11am on Dec 3, 2010.

They were caretaker of the premises.

Justice Nurchaya Arshad ruled that the prosecution had successfully proven the case beyond reasonable doubt and sentenced the men to death.

Read it HERE

Okay. Do you get the feeling that there's something not right about this case -- the charge and the conviction. How the two boys (they are Indonesians) got to be charged under that particular section  of the penal code that is punishable by death.

I'm no lawyer but ...

Anyway, weren't these boys defending themselves against an intruder who broke into their "home"?

What were they supposed to do?

What are we supposed to do when someone breaks into our home?

What kind of signal is the court sending?

But I'm glad several groups are calling for a judicial review into the death sentence.

In my humble opinion,  the sentence is extreme. But why were they charged under that section in the first place?

Is there something only the court - the judge, prosecutors and the boys' lawyers - knows?


25 comments:

IT.Sheiss said...

Nuraini,

The Malaysian judiciary has become infected or deliberately infiltrated by western-style loony liberalism which has more sympathy for the culprit than the victims.

These brothers were justified in defending themselves against a criminal intruder and should be set free unconditionally.

Something must to be done to stop this rot or Malaysia will descend into lawlessness and citizens will be afraid to come to the aid of others who are attacked or to defend themselves.

johnphoon said...

I did not understand this at all? The judge expect us to give him a massage n kiss him on his cheeks? I now loss respect for some judges, especially this one! What loads of craps. I

Anonymous said...

well who desided to charged them in court in the first place? Judges sentenced based on the 'facts' proven by the prosecuter anyway... my 2 cents

Anonymous said...

Nuraina,in this land of the kangaroo do expect the unexpected in kangaroo courts.Statutory rapers are set free because they have bright futures ahead of them.

It is an open secret that a son of a minister was not even charged of nothing when he ordered his bodyguard to bashed up an honest hardworking security guard.Whether he did joined in the fray heavens know,as everybody seems scared to talk about or charged him.And this is not the first time he has escaped scratch free from the law.

Is this an example the goman and the courts are setting.That a commoner is above the law if he/she is politically connected.

Anonymous said...

TBhg Datuk,

The signal you are giving is: journalists should understand well what they report and be responsible for the outcome if the issue is blown out of proportion for bad reporting.

Judges do not frames charges for murder or manslaughter; prosecution does.

Judges cannot choose sentence when such sentence is prescribed in the law, however sympathetic he/she may be to the accused.

It is the Parliament who makes the law, judges duty is only to execute judgment consistent with what the Parliament ordains.

If people are not happy with the law, talk to the MPs whom you have given mandate to make laws.



Mat keluang said...

Do you know who the lawyer who represent the Indonesian.
Get the good lawyer to appeal.I will pay for legal fees.

Anonymous said...

Do you know who the lawyer who represent the Indonesian.If they dont have,get good lawyer for them,I will pay fer the fees.

Anonymous said...

In major cases like this the final say whether to charge or not lies with the Attorney General Office..so what has the AG office has to say about this..? In fact there are so many cases involving infriengement of the Law which has gone without any action..which the AG office kept quite...I am perturbed on this..the roiting in bersih3.2, the blatant act against the seditious act stc. .. I am not sure who is the custodian of the LAW now..

Anonymous said...

anon 9:25

agree with you. the dpp must have been drunk when he charged the brothers. Or he must have read his law books upside down together with the judge.

NURAINA A SAMAD said...

anon@1:24pm,

ok..let's not go there. but i do agree ..judges don't frame the charges. and i said that...something wrong with the charge.

but judges make rulings, they decide. and this judge found the brothers guilty of killing a person who broke into their home.

unless the judge, the DPP and the lawyers all know something we don't.

whatever...they sure don't make judges like they used to...

Anonymous said...

Datuk,

I agree with your last sentence at 2:06. Some judges now cannot even get their tenses right. Senses? 1/2 out of 10.

Nicholas said...

I am also appealed at the lackadaisical journalism on display. 2 men are being deprived of their lives in a controversial court ruling. Is it too hard to find out:

1) Who is the prosecutor, why did they charge the men, and why the charge of murder?

2) What section of penal code where they charged under, and what is the criteria for conviction?

3) What were the facts put forward at trial that fulfilled the above criteria?

4) Did the judge have discretion in sentencing? Why did she choose the death penalty?

Anonymous said...

The rule of thumb is this, u have the right to protect yourself, and your property/premises from robbers/trespassers, PROVIDED you do not act above and beyond the right to protect yourself/your pty. Meaning, if he attacks you, you can defend yourself, even by shooting him dead. But if he attacks you and you knocked him around senseless till he's down, then you take a gun and shoot him in the head when he's down, you've committed murder under s.300. In other words, do not go overboard. In this case, i do not know what went on, but i'm sure the prosecution wdnt have charged them had the evidence shown self-defence alone. There must have been some over-whelming evidence to the contrary

-SUE

Anonymous said...

I do not understand this and I see the comment here mostly said that the ruling is incorrect. If the judge rule different from the people, or the rule is not representing people's feeling, so what is justice. Making a false death sentences is a killing itself. Thinking about using death penalty in this case itself has been crazy...

Anonymous said...

who allow one innocent
person to be executed, morally he/she are committing the same, or, in some ways, a worse crime than the person who committed the
murder. And in this case it would certainly give the impression that only the poor get
executed.

Tired Judges said...

I guess Judge Nurcaya is just too tired.

Hanging people is just routine.
I thought najib said there is fund for defenceless accused but here they are unrepresented.

Judges should be allowed to retire early.

The AG just leave it to the judge to amend the prosecution. Too much trouble to persecute for manslaughter.

but the judge also couldnt careless.

Anonymous said...

i think you should update this news. since ,there are new facts.the father of r.khartic tells his side of the events.i guess it makes sense now why the judge made this decision.

SHAME on the star paper for not getting the facts right! crappy jounos!

Zak Telipot said...

nuraina,the judge did the right thing.The judge went to the crime location to ascertain the brothers version of event.karthik was dragged into the house and was beaten to death.You should do a bit more research into this case before you posted this article. If not for this judge,we would have two more blood crazy criminal indons running loose looking for more victims whom may be you or your family members.

NURAINA A SAMAD said...

anon@4:35PM:

yes..i read about the deceased's father saying that he is a licensed money changer, a plantation business owner and a mini market operator who paid his son (Khartic) RM10k a month in salary and commissions.

He is angry that his son was labelled a burglar.

I don't know whether this means that Khartic did not break into the shophouse. The facts of the case show that he did.

This does not mean that Khartic is a good guy.

It also emerged that In 2004,Khartic was arrested after getting involved in a fight with thugs.

Although that does not mean that he was a thug.

NURAINA A SAMAD said...
This comment has been removed by the author.
NURAINA A SAMAD said...

zak telipot,

actually -- the judge's decision is open to debate.

but you know -- i wouldn't pass judgment on the two indonesian brothers. just as i wouldn't pass judgement on the deceased.

the 2 brothers did not run around killing people.
unlike you, i will not judge them on something that has not been proven.

Khartic did break into the shoplot.
was he a burglar? that had not been established but he broke into the premises. that was established.

he was arrested in 2004 for fighting with thugs.

does that mean he was himself a thug?

i wouldn't say that either.

Anonymous said...

it's interesting that you are trying to point out the kractic was a bad guy.but here's a fact ,owner of the shoplot borrowed money from kartic father.

also this happen in kajang,why don't you go there and look around? indonesian can be hired to do crazy stuff for very little money.

NURAINA A SAMAD said...

anon@7:08PM

am I?

i don't know khartic from adam.

and i don't even know the two indonesian brothers.

you want to start generalising indonesians?

someone will start generalising about Indians.

what's wrong with you?




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Anonymous said...

if the "borrow money" thing is true, then you can figure it out. the indian is a rich dude. and now you see what money can do to change people's fate.
btw, the recent police's report even said that the intruder died suddenly (which later found out that it's caused by overdose) at the time of conflict, and police found no evidence of violence on his body but they found drugs instead.