Tuesday, January 19, 2021

[769.21] HADIR SIKAP KEMANUSIAN


Khatam 17 kes bunuh di Mahkamah Bicara dan Rayuannya. Sebagai peguam, penghakiman terkini kena update dalam kepala.
Seorang DPP puji katanya saya tidak pernah kalah kes bunuh dalam bicara.
Tetapi beberapa kes bunuh yang dikendalikan setiasa memberikan impak kepada mental kami. Satu pagi, seorang pendakwaraya (kini bekas) menegur saya.
"saya respek peguam macam kamu boleh profesional bila kita kenal kamu. Saya baca ayat pertama Rekod Rayuan dah jatuh air mata." ujar dia.
Dia tak tahu, Rekod Rayuan itu yang paling sukar dibaca. Mengambil masa untuk profesionaliti teguh bertahan. Semasa saya hujahkan di hadapan Ketua Hakim Negara, tiada hakim mengganggu hujahan saya. Sebak sekali sekala.
Selain Ketua Hakim Negara dan 2 hakim lain memuji hujahan kami, anakguam turut mengucapkan setinggi penghargaan kerana hujah yang baik. Sebagai peguambela, kami memberikan hak beliau untuk diwakili sebaik mungkin.
Di bawah ini bukan kes yang dimaksudkan. Kes ini 'tidak seberapa' dibandingkan dengan kes dimaksudkan di atas.
Nasihat kami bukan sekadar lahirkan rasa kemanusiaan tetapi terapkanlah agama di dalam diri. Bila baik, baiknya bermanfaat. Bila jahat, jahatnya masih bertempat.
Nota: Gambar adalah kes pembunuhan Rajon yang dituduh mencuri dan 6 Bangladeshi dihukum mati oleh Mahkamah.
Hisham Nazir
Subang Jaya, Januari 2021
......................................................................................
[5] SP10 testified that on 19 October 2016 at around 7.10am., as she was about to go to school, the deceased asked her for help to get him out of a water container. SP10 testifed that she was afraid to help the deceased because she was afraid she would scolded by the second and third accused. SP10 said that it was the second and the third accused who instructed the deceased to sit in the water container.
[6] SP10 said that the whole of the deceased's body was submerged in the water container and only his head was above the water level. SP10 said that the reason the deceased was ordered to sit in the water container was because he was being punished due to his attitude in not wanting to listen to instructions.
[7] SP10 said that the deceased would normally be submerged in the water container from morning until evening or at night. SP10 also confirmed that the last the deceased was submerged in the water container was on 18 October 2016.
[8] SP10 said that she was once reprimanded by the third accused for wanting to help the deceased out of the water container when the third accused told her "kenapa nak tolong? Dia bukan siapa-siapa dengan kau" translated as "why do you want to help? He is nothing to you".
[9] According to SP10, the deceased was often submerged in the water container in the bathroom of the house by all three accused when he was stubborn. Everytime he was ordered to be submerged, the deceased was naked and was only allowed to come out of the water container after about more than an hour.
[10] When the deceased did emerge out of the water container, his body would be wrinkled and he would look pale because he was cold. The deceased would also be beaten by all the accused persons after he complained to friends of the first accused that he was beaten by the accused persons.
[11] On 19 October 2016, from around 2.30pm. to 4.00pm, when SP10 returned from school, she saw the deceased in a crouched lying down position similar to the letter "C". When SP10 asked the deceased what he wanted and the deceased replied that he wanted some water.
[12] However when SP10 gave him the water to drink the deceased vommited.SP10 also noticed that the deceased's body was black in colour. When SP10 asked him again what he wanted, the deceased replied again that he wanted some water. SP10 then noticed that the deceased was short of breath. [2020] MLRHU 1158 PP v. Mohd Sapawi Ab Talib & Ors pg 3
[13] Upon seeing this, SP10 called the third accused who at the time was resting in the kitchen. SP10 said that after she called the third accused, the third accused wanted to beat the deceased using a black rubber pipe but upon seeing the deceased gasping for breath, she relented.
[14] The third accused then removed the shirt and trousers of the deceased. SP10 and the third accused then attempted to perform cardiac pulmonary resuscitation ("CPR") on the deceased but there was no response from the deceased.
[15] SP10 then asked the third accused to send the deceased to the clinic but the third accused instructed SP10 to wait for the first accused to come back because the clinic was located far away from the house.
[16] SP10 also testified that the deceased was often beaten by the third accused using a rubber pipe, a rattan and a stick on the chest and on his feet. SP10 also said that the deceased had been beaten by the third accused since 2014. The deceased was also beaten on the head, the palms of his hands, the sole of his feet, claves, thighs and on his back.
[17] These incidents were said to have occurred every day and there were occasions when the second and the third accused would take turns to beat the deceased. The deceased was also beaten with a rubber pipe, a rattan and a piece of wood in the same place repeatedly.
[18] SP10 said that she had seen the deceased crying after being beaten but she did not dare to help the deceased because she was told by the third accused not to interfere. SP10 also said that the second accused had also punished the deceased by placing a red ants ("kerengga") nest on his body. The deceased was also stepped upon by the third accused on his back.
PP vs. Mohd Safawi AB Talib & Anor [2020]


 

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