Thursday, February 18, 2010

I wonder how

First, I would like to make it clear that this article is not politically motivated but must be seen from a point of law. What I am going to write has been argued by Prosecution and many Defence counsel in this country and it is still open for a debate.
The issue that i would like to put forward as known to public that Dato' A has been charged for sodomising his former aide under Section 377B of the Penal Code and could be sentenced up to 20 years and whipping upon conviction.
In this offense, what the Prosecution needs to do is to furnish to court corroborative evidence to support the allegation made failing which many believe the charge will collapses.
The prosecution cannot rely on the evidence of the former aide per se.  it must be corroborated by other independent evidence. 
This would not be an easy task for prosecution because it is widely reported that a medical reports  duly certified by doctors shows that there are no visible signs of penetration of  Dato' A's former aide's anus.
This is because in sexual crime, medical report is important to prove the act. It is needed to show a penetration which is one of the element that must be proved.
Rest assured, the Dato' A's Defense Counsels will not close their eyes of this opportunity. Their duty is to cast a doubt on the prosecution's case. It is simple, if there is a doubt, it means the prosecution has fail to prove its case beyond reasonable doubt.
Be as it may, as this case is still ongoing, we have to wait and see what will be the evidence produced before the court by the prosecution in order to prove the charge. Only the prosecution know with what evidence they have. 
 







1 comment:

Bamuda said...

Que sera sera . . . Whatever will be will be ...