Jury Trials Can Bring Political Stability And Enhance Justice


 

From Hamid Sultan Abu Backer
Lord Denning said that the jury trial “was the bulwark of our liberties”. Absence or compromise of the liberties of subjects will also lead to political and economic instability and, most importantly, may even end up as a security threat to the nation itself.
The jury system guarantees that citizens will be tried by their own peers. It is my observation that English principles such as the rule of law and doctrine of separation of powers will not work smoothly in any Commonwealth country which does not have a jury system, and also where ethics and meritocracy are lacking in the legal industry.
Malaysia is one good example of a country which had refused to follow the jury system as practised in England. As a result, in my view, it has fallen into the trap of political and economic instability and may be close to a security threat within the country itself.
It has also created case backlogs and quite often the administration of justice itself is put under avoidable pressure, as evidenced by political and public criticism.
It is important to note that the British public never had absolute faith in British judges trying all criminal cases. Magistrates were only allowed to try trivial offences.
The accused, until today, has the choice of opting for a jury trial in semi-serious cases only, and no option at all for serious offences which have to be tried by jury in the Crown Court.
The good thing about the jury system in England is that there will be a preliminary inquiry – referred to as “committal proceedings” – before a magistrates’ court to decide whether a purported offender should be charged and tried by jury.
This proceeding is a check on prosecutorial abuse, among others.
The Malaysian public and its politicians lost that safeguard by discontinuing the English practice and repealing all provisions for the jury system.
That failure to follow the English jury system in my view has brought political instability to this country when one government takes action against the political leaders of the previous government for wrongdoings during their term of public office.
These actions, though justifiable under the current law, also creates animosity among political supporters and is a fertile ground for economic instability.
It has also created a dent in the administration of justice when compromises are made after a person has been charged.
Whistleblower judge
The first major event I witnessed which initiated and split the unity of the Malaysian public was the prosecution or persecution of Anwar Ibrahim.
This case is still an ongoing debate, and a whistleblower judge too – as per his oath of office to preserve, protect and defend the Federal Constitution – had filed an affidavit on the subject, but that has been conveniently suppressed by politicians and others who had no gumption to institute a royal commission of inquiry (RCI) to take stock of what was going on at “Denmark House”.
Many whistleblower judges have also blown their horns in the past but they too have been put to rest.
The prosecution or persecution of Anwar also led to political instability, which provided a fertile field for corruption and corrupt practices to flourish during his time in prison.
Malaysian politicians and political parties are continuously making statements of unfair treatment to their political leaders related to prosecution as well as due process of law.
Notwithstanding the fact that we do not have a jury system, an RCI against recalcitrant politicians to be charged in the nature of committal proceedings in England as a condition precedent for public trial will indeed add credibility to the due process of law.
The benefit of RCIs, which are public proceedings, is that they will keep the public duly informed of the grievances of the prosecution.
It is time Madani policymakers study the 1215 Magna Carta guarantee where the King of England had guaranteed that the trying of facts will not be in the hands of judges, who will only decide on the law.
That guarantee led to the jury system for civil and criminal matters.
Many countries have abolished the jury system for civil and commercial matters and that has also led to a backlog of cases. In many countries where the criminal jury system has been removed, this has been followed by a high corruption perception index as well as public perception that the government of the day is interfering with the administration of justice to achieve its political agenda.
The trying of facts in civil and commercial matters can be resolved by introducing the University cum Court Annexed Arbitration in the court system.
Jury trials for criminal matters can be easily revived in Malaysia by reinstating the repealed provision and making some amendments to ensure politicians and public personalities are tried by the jury system for serious offences.
The methodology can be found in the paper which I presented in Singapore at a BAIAC Conference titled “University cum Court and Jury Mode Criminal Trial”.
It is my considered view that removing the trying of facts from the responsibility of the judiciary will benefit the country and the Malaysian public. It will also bring political stability and integrity to the administration of justice and that will also result in a boon to social justice.
My one-day programme to create a tsunami of arbitrators for an arbitration pool can be conveniently used to select the jury from the arbitration pool itself. The programme is capable of training 50,000 arbitrators within six months if the prime minister consents to the concept, as explained in a number of my recent articles. - FMT
Hamid Sultan Abu Backer is a retired judge of the Court of Appeal, and a professor of arbitration and dispute resolution at MAHSA University. He is also an FMT reader.
The views expressed are those of the writer and do not necessarily reflect those of MMKtT.


Artikel ini hanyalah simpanan cache dari url asal penulis yang berkebarangkalian sudah terlalu lama atau sudah dibuang :

http://malaysiansmustknowthetruth.blogspot.com/2023/08/jury-trials-can-bring-political.html

Kempen Promosi dan Iklan
Kami memerlukan jasa baik anda untuk menyokong kempen pengiklanan dalam website kami. Serba sedikit anda telah membantu kami untuk mengekalkan servis percuma aggregating ini kepada semua.

Anda juga boleh memberikan sumbangan anda kepada kami dengan menghubungi kami di sini
Bn Ph Provides Political Stability Johari

Bn Ph Provides Political Stability Johari

papar berkaitan - pada 5/8/2023 - jumlah : 118 hits
Titiwangsa member of parliament Datuk Seri Johari Abdul Ghani accompanying PH Hulu Kelang candidate Juwairiya Zulkifli on a walkabout session at the AU2 Setiawangsa morning market NSTP MOHAMAD SHAHRIL BADRI SAALIKUALA LUMPUR Titiwangsa memb...
Borneo Bloc Is To Ensure Political Stability Says Gps Leader

Borneo Bloc Is To Ensure Political Stability Says Gps Leader

papar berkaitan - pada 21/8/2023 - jumlah : 231 hits
GPS secretary general Alexander Nanta Linggi said the East Malaysia coalitions want to ensure that infrastructure development is continued PETALING JAYA The strengthening of the Borneo bloc via the cooperation between the ruling coalitions ...
Political Will Can Break Green Wave At Eastern Shores

Political Will Can Break Green Wave At Eastern Shores

papar berkaitan - pada 20/8/2023 - jumlah : 181 hits
From Clement StanleyThe elections in six states have come and gone I could not help but see the similarities between the PAS successes and the advance of Nazi Germany across western Europe in the Second World War Country after country fell ...
Witnessing A Conversion Seen In The Political Narrative

Witnessing A Conversion Seen In The Political Narrative

papar berkaitan - pada 23/8/2023 - jumlah : 287 hits
Act of witnessing a conversion and other responsibilities of a Muslim Recently several of my non Muslim friends expressed anxiety over what they saw was a video of Anwar Ibrahim converting an Indian adult male After a fierce election battle...
State Elections A Gauge Of Political Abilities

State Elections A Gauge Of Political Abilities

papar berkaitan - pada 20/8/2023 - jumlah : 141 hits
ADUN SPEAKS State elections a cornerstone of democracy hand power back to the people at the state government term s end with candidates showcasing their achievements for voter evaluation In Malaysia politics has evolved from conquering to g...
Stop Political Campaigns 3 Days Before Polls Says Ex Ec Man

Stop Political Campaigns 3 Days Before Polls Says Ex Ec Man

papar berkaitan - pada 19/8/2023 - jumlah : 193 hits
A former election official says a three day cooling off period should be provided before voters cast their ballots PETALING JAYA A former top Election Commission official has suggested that the Election Offences Act 1954 be amended to exten...
Pn Can T Talk Policy Using Racial Narratives Deputy Minister

Pn Can T Talk Policy Using Racial Narratives Deputy Minister

papar berkaitan - pada 3/8/2023 - jumlah : 171 hits
Perikatan Nasional was accused of playing up racial and religious sentiments because they are not able to hold a discourse on policies and initiatives Deputy Communications and Digital Minister Teo Nie Ching said this in response to a repor...
Don T Hit The Brakes How A Traffic Ticket Attorney Can Keep You Moving

Don T Hit The Brakes How A Traffic Ticket Attorney Can Keep You Moving

papar berkaitan - pada 6/8/2023 - jumlah : 231 hits
If you ve ever found yourself dealing with the frustration and anxiety of a traffic ticket you re not the only one A lot of people are stopped and issued a ticket for traffic violations and then are left to face the consequences Tickets for...
Suki Ya Eat All You Can Sukiyaki Shabu Shabu Cara Makan Di Suki Ya

Suki Ya Eat All You Can Sukiyaki Shabu Shabu Cara Makan Di Suki Ya

papar berkaitan - pada 5/8/2023 - jumlah : 243 hits
Jika anda pencinta makanan Jepun atau ingin mencuba sesuatu yang baru korang wajib cuba makan di Su kiya Eat All You Can Sukiyaki and Shabu Shabu Qaseh memang pencinta steambot so makanan macam ni memang pilihan qaseh dia ala ala steamboat ...
Rasa Masakan Korea Soondubu Jigae Beef Di Dubuyo

China S President To Host Official Dinner For Anwar

Drama One Cent Thief 2 Lakonan Syafiq Kyle Azira Shafinaz

I Bought A Toy Like Vape Online Mp Tells Dewan Chamber

Tip Mudah Santan Berketul Jadi Elok Semula Letak Sehelai Daun Ini Saja

Unlocking Savings Expert Tips For Finding Discounted Cigarettes In Australia

India Secebis Kenangan Di India Random Photos

Kips Bay Decorator Show House Dallas 2024 An Exquisite Showcase Of Design


echo '';
Biodata Terkini Penyanyi Illa Sabry Peserta Gegar Vaganza 2024 Musim 11 GV11

Info Dan Sinopsis Drama Berepisod Senyawa iQIYI Malaysia

Info Dan Sinopsis Drama Berepisod Project Projek Exit Astro Originals

Pelajari Asal Usul Nama Makhluk Seram Kisah Fiksyen Barat Yang Terkenal

10 Fakta Filem Kahar Kapla High Council Yang Ramai Tak Tahu Prekuel Drama Project Projek High Council


Kecantikan Puteri Tunggal Mawi Ekin Dipuji Sweetnya Cahaya Malaika Copy Paste Mawi

Janna Nick Menangis Rayu Henti Tanya Soal Zuriat Pernah Cuba Ivf Tapi Gagal

Hukum Solat Jenazah Dua Kali Oleh Orang Sama

Kajian Tentang Teknik Humblebrag Di Media Sosial

Kisah Care Giver

Building Dreams One Brick At A Time Legoland Malaysia Resort Welcomes Malaysia S First Master Model Builder