Presumptions and Malaysia, a Jedi nation? | Selangor Times
Friday
24·03·2017
Issue 118

 

Selangor
Presumptions and Malaysia, a Jedi nation?
Writer: Lord Bobo
Published: Fri, 03 Jun 2011

Dear Lord Bobo, what is a presumption of innocence? Is it truly applicable in Malaysia? @christan_yh, via Twitter

THE presumption of innocence is a fundamental legal principle of criminal trials. This simply means that you are presumed innocent until you have been convicted in a court of law.

So from the moment you are arrested by the police, right through your trial and until the court hands down a verdict of “guilty”, the law assumes you are innocent of the charge against you.

There are important repercussions to this. For one, the police are not supposed to treat you like a criminal, i.e. someone who has already been found guilty of a crime in court. They should not handcuff you when you are brought to or are in court. Bail should be readily given and a lenient conditions set (unless the offence is so serious i.e. murder, terrorism).

Even if you held in a lockup, you should be given access to facilities, as much and as reasonably as possible, as any normal citizen. To do otherwise would be to punish you before you have been found guilty. To do those things is to infringe against this presumption.

While the principle exists in Malaysia as it does in any civilized system of law, it suffers the same fate as many fine legal principles and government policies – a lack of  application, borne out of a lack of appreciation of the principle itself.

A glaring example of this is when you see people accused of a crime being treated shabbily by the police – handcuffed, dressed in crappy clothing, held firmly by a big cop or surrounded by a few police personnel, treated roughly and then held in lockup.

Why should you be treated this way until and unless you have been convicted of a crime?

The presumption principle very strongly applies in Malaysia – the presumption of guilt. You are treated as a criminal simply because you were caught by the police. Such attitudes often lead to abuse of suspects and witnesses.

It makes the job of a police investigator a hell of a lot easier to presume guilt; if a suspect is innocent, they’d have to start from square one and find someone else to bang up for the crime.

Like all legal principles, there are exceptions, and the Malaysian-style presumption of guilt is the same. If you’re a VIP or well-connected individual, then you are exempted from the presumption of guilt.

If you’re unfortunate enough that news of the allegations against you have become known to the public (damn those nosy independent media folk!), you unfortunately will have to be charged, and the charges made public. But don’t worry, as there is an endless stream of scandal and hoopla in Bolehland, your matter will soon fall off the radar, and the charges be wrapped up in old nasi lemak wax paper and not be heard of again.

Let’s not be too hard on the Malaysian authorities. They are at the forefront of investigative procedure, and are responsible for cutting-edge innovations. It’s not their fault that their experiments sometimes go awry. The most recent innovation is the presumption of flight. Out of windows. They’re still working on that one.

Can I legally change my religion to Jedi? @junw3n, via Twitter

GREETINGS Young Padawan,

May the force be with you and thank you for your timely and important question. His Supreme Eminenceness is aware that the Jedi religion is growing in popularity worldwide, asserting itself through organisations such as the The Temple of the Jedi Order and Temple of the Jedi Force.

In 2001, it was officially recognized as a religion in the United Kingdom. Ten years later, based on your question, it seems to now be making its way to Malaysian shores, buzzing into people’s skulls and spirits like the sound of a good ol’ lightsaber.

You obviously feel a strong need to drop your old boring beliefs and crank it up with one that is snazzier, ambiguous and way cheaper than Scientology. That’s totally understandable. Wandering around town in a full hooded robe with a lightsaber is way cool. You could hire a midget and dress him up as a boxy droid and call him 12FU to accompany you.

The Federal Constitution does not limit the types of religions to tether your faith to, unless it is some deviant Muslim sect as classified by the government. Article 11(1) clearly states that you have the right to profess and practise your religion.

If you are a Muslim, though, propagating Islam is subject to state law and federal law. That means the government can only regulate the religion of Islam, but not other religions. They are free to propagate their faith, unshackled and untouched by the sticky tentacles of some Jabatan or other crack taskforce.

Luckily for you (and would-be Jedis across the nation), there are no laws that limit what “other religions” are under the Federal Constitution. There are also no court decisions that have interpreted the phrase to pronounce its scope.

This suggests that you can leave your former religion and embrace the spirit of Jediism and the ways of Yoda. And if you do manage to start up the Temple of the Jedi in the Klang Valley somewhere, give us a call – we’d love to learn the Jedi mind trick.
Oh, hang on, you’re not a Muslim are you?

We assumed from your Twitter profile picture that you’re not. If you are, then sorry, your road to Jedi-dom may be headed towards a dead end. You’re likely to be labelled things like “traitor to your race/religion”.

You may even be accused by a certain prominent someone (he doesn’t seem qualified to be called a “politician” – which says a lot) of starting some sort of crusade, or wanting to change Malaysia into a Jedi nation, and you don’t wanna be messin’ with that dude. The Force against the Farce, that would be compelling.
 

 

 Selangor Times

 

 

Also by Lord Bobo:

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Have a question for Lord Bobo? Call on His Supreme Eminenceness by emailing asklordbobo@loyarburok.com, stating your full name, and a pseudonym (if you want), or tweeting your questions by mentioning @LoyarBurok and using the hashtag #asklordbobo. What the hell are you waiting for? Hear This, and Tremblingly Obey. Liberavi Animam Meam! I Have Freed My Spirit! 

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Have a question for Lord Bobo? Call on His Supreme Eminenceness by emailing asklordbobo@loyarburok.com, stating your full name, and a pseudonym (if you want), or tweeting your questions by mentioning @LoyarBurok and using the hashtag #asklordbobo. What the hell are you waiting for? Hear This, and Tremblingly Obey. Liberavi Animam Meam! I Have Freed My Spirit! 

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Have a question for Lord Bobo? Call on His Supreme Eminenceness by emailing asklordbobo@loyarburok.com, stating your full name, and a pseudonym (if you want), or tweeting your questions by mentioning @LoyarBurok and using the hashtag #asklordbobo. What the hell are you waiting for? Hear This, and Tremblingly Obey. Liberavi Animam Meam! I Have Freed My Spirit! 

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Have a question for Lord Bobo? Call on His Supreme Eminenceness by emailing asklordbobo@loyarburok.com, stating your full name, and a pseudonym (if you want), or tweeting your questions by mentioning @LoyarBurok and using the hashtag #asklordbobo. What the hell are you waiting for? Hear This, and Tremblingly Obey (although trembling is optional if you are somewhere very warm)! Liberavi Animam Meam! I Have Freed My Spirit! 

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Ask Lord Bobo is a weekly column by LoyarBurok (www.loyarburok.com) where all your profound, abstruse, erudite, hermetic, recondite, sagacious, and other thaesaurus-described queries are answered!

This is what democracy means

Have a question for Lord Bobo? Call on His Supreme Eminenceness by emailing asklordbobo@loyarburok.com, stating your full name, and a pseudonym (if you want), or tweeting your questions by mentioning @LoyarBurok and using the hashtag #asklordbobo. What the hell are you waiting for? Hear This, and Tremblingly Obey (although trembling is optional if you are somewhere very warm)! Liberavi Animam Meam! I Have Freed My Spirit! 

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Have a question for Lord Bobo? Call on His Supreme Eminenceness by emailing asklordbobo@loyarburok.com, stating your full name, and a pseudonym (if you want), or tweeting your questions by mentioning @LoyarBurok and using the hashtag #asklordbobo. What the hell are you waiting for? Hear This, and Tremblingly Obey (although trembling is optional if you are somewhere very warm)! Liberavi Animam Meam! I Have Freed My Spirit! 

#KL112 – Well done, PDRM

Have a question for Lord Bobo? Call on His Supreme Eminenceness by emailing asklordbobo@loyarburok.com, stating your full name, and a pseudonym (if you want), or tweeting your questions by mentioning @LoyarBurok and using the hashtag #asklordbobo. What the hell are you waiting for? Hear This, and Tremblingly Obey (although trembling is optional if you are somewhere very warm)! Liberavi Animam Meam! I Have Freed My Spirit! 

Rally or riot, and Ubah Rocket Style!

Have a question for Lord Bobo? Call on His Supreme Eminenceness by emailing asklordbobo@loyarburok.com, stating your full name, and a pseudonym (if you want), or tweeting your questions by mentioning @LoyarBurok and using the hashtag #asklordbobo. What the hell are you waiting for? Hear This, and Tremblingly Obey (although trembling is optional if you are somewhere very warm)! Liberavi Animam Meam! I Have Freed My Spirit! 

Show me your assets!

Have a question for Lord Bobo? Call on His Supreme Eminenceness by emailing asklordbobo@loyarburok.com, stating your full name, and a pseudonym (if you want), or tweeting your questions by mentioning @LoyarBurok and using the hashtag #asklordbobo. What the hell are you waiting for? Hear This, and Tremblingly Obey (although trembling is optional if you are somewhere very warm)! Liberavi Animam Meam! I Have Freed My Spirit! 

Hudud, Rosmah and Bumi conditions

 

Dear Lord Bobo – on a scale of 1 to 10, with 1 being “definitely not” and 10 being “definitely yes” – how likely do you think it is that hudud will be implemented nationwide if Pakatan Rakyat and PAS come to power? (Unisex Hair Salon, via email)

 

Lynas, Bung-isms, and media bias

Have a question for Lord Bobo? Call on His Supreme Eminenceness by emailing asklordbobo@loyarburok.com, stating your full name, and a pseudonym (if you want), or tweeting your questions by mentioning @LoyarBurok and using the hashtag #asklordbobo. What the hell are you waiting for? Hear This, and Tremblingly Obey (although trembling is optional if you are somewhere very warm)! Liberavi Animam Meam! I Have Freed My Spirit! 

Asean Declaration (or Limitation?) of Human Rights

LORD Bobo, does the signing of the Asean Declaration of Human Rights recently mean that the fight for human rights in Malaysia is over, and Lord Bobo has won? What does LoyarBurok plan to do now? Tech reviews? (Right to Fight, via email)

Of frogs, rats and anti-hopping law

 

Lord Bobo, what do you think of Penang’s new anti-hopping law? Is it constitutional? (Ribbit, via email)

 

UN Award for Bar and More Merchandise?

Lord Bobo. What is the United Nations Malaysia Award and why the heck did the meddlesome Bar Council get it? (Perkasasourkana, by email)

 

Of companies and going bankrupt

Have a question for Lord Bobo? Call on His Supreme Eminenceness by emailing asklordbobo@loyarburok.com, stating your full name, and a pseudonym (if you want), or tweeting your questions by mentioning @LoyarBurok and using the hashtag #asklordbobo. What the hell are you waiting for? Hear This, and Tremblingly Obey (although trembling is optional if you are somewhere very warm)! Liberavi Animam Meam! I Have Freed My Spirit! 

Malaysiakini 1 Irrational Home Minister 0

Dear Lord Bobo, I read that Malaysiakini won a court case and they can now publish a newspaper. Why is this important? How come Selangor Times has no problem? And what’s the big deal – who reads print anymore, anyway? News Junkie, via email

Dead grateful to your government?

Have a question for Lord Bobo? Call on His Supreme Eminenceness by emailing asklordbobo@loyarburok.com, stating your full name, and a pseudonym (if you want), or tweeting your questions by mentioning @LoyarBurok and using the hashtag #asklordbobo. What the hell are you waiting for? Hear This, and Tremblingly Obey (although trembling is optional if you are somewhere very warm)! Liberavi Animam Meam! I Have Freed My Spirit!

Shamelessly amateurish government propaganda

Dear Lord Bobo, what is the fuss about NGOs in Malaysia receiving funds from foundations like the National Endowment for Democracy (NED) and Open Society Institute (OSI)? I love my country. Is it true that these NGOs are planning to overthrow our government? (Jaguh Kampung, via email)

Strip searching the Home Minister and Police

Have a question for Lord Bobo? Call on His Supreme Eminenceness by emailing asklordbobo@loyarburok.com, stating your full name, and a pseudonym (if you want), or tweeting your questions by mentioning @LoyarBurok and using the hashtag #asklordbobo. What the hell are you waiting for? Hear This, and Tremblingly Obey (although trembling is optional if you are somewhere very warm)! Liberavi Animam Meam! I Have Freed My Spirit!

Crimes of photo-stomping and plagiarism

Dear Lord Bobo, I read that the 19-year old girl who surrendered herself to Johor police after she stepped on a photo of the prime minister was handcuffed. This seems harsh. However, KL police chief DCP Datuk Mohmad Salleh says police were just following the Criminal Procedure Code. Is this correct? Shackled, via email

Smart people entering politics, and Lord Bobo on Earth

Ask Lord Bobo is a weekly column by LoyarBurok (www.loyarburok.com) where all your profound, abstruse, erudite, hermetic, recondite, sagacious, and other thaesaurus-described queries are answered!

#Stop114A #Yes114A and banning books

Strange Olympics, Selective Prosecution

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Seeking public opinion doesn’t mean better laws

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Football Fever MCs, and Election Date Prediction!

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Campaigning for Robots

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I went to Bersih 3.0. But my boss saw my photo on Facebook and was very upset, as many of our clients are affiliated to the current Government. He called a department meeting and warned all of us that we cannot take part in such rallies in future, and says he is considering sacking me if we lose any clients over the next couple of months. I cannot afford to lose my job, as I have a family to support. Can he lawfully sack me? A Worker, via email

Fallacies Spun by Critics of the Bar

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Roger Tan replies to Loyarburok

I knew this was coming because as I said, it would be painful for some lawyers to read what I wrote in Unswayed by fear or favour’ last Sunday in The Sunday Star. I am indeed not wrong with my prognostication.

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More Than Nayati, and Unpatriotic Irene Fernandez?

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No Erections Please, We’re DBKL

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Dissolving the Selangor DUN, and Bersih again?

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EO Trio : The Journey Home

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Damned If You Badu

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Inter-religious competition and anti-trust?

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Najib vs Malaysia, 1Care and Defamation

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The peculiar case of Anwar's acquittal

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Lawyers, Taxis and Anwar

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Fighting for the rights of overseas voters

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Lord Bobo’s predictions for 2012

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Floods – of tears and rainwater

Looking at the images and videos of North Koreans sobbing uncontrollably and emotionally banging the floor in disbelief at the death of Kim Jong Il, I can’t help but wonder how they can be so sad that such a bizarre and evil man died. Can you explain this? Voice of Reason, via email

Backing the accused

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Walk For Freedom – A waste of time?

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Shopping, hoping and missing

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Missing Bobo, and the UKM4

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Contempt for politicians?

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Judicially reviewing New Kamasutra

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ISA deceptions and budget goodies

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Santa Najib's ISA gift, and sucky Bosses

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Bodyguards, 
tortes (and torts), and tips

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Cheras Scousers, religion and nose-picking

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Volcanoes, lawsuits, airlines and the apocalypse

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Laziness, naughty students and patriots

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Thorns and thorny issues

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Twitter, silat and a certain July 9 rally

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How protests made me 
a Malaysian

As Lord Bobo’s minions busy themselves bailing people out, we interrupt our usual Ask Lord Bobo column to attempt to answer a crucial question: Is living in fear the Malaysian way of life?

The qualities of a lawyer, and why vote?

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100 apologies, power, and the hardest question

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Scandals, property, contracts and iPad 2

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Emergencies, politics, freedom, and Osama

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1Malaysia email and squandered money

Dear Lord Bobo, what do you think of the proposed “1Malaysia email”? @SSharmila1076, via Twitter

Party whipping can be more meaningful

Dear Lord Bobo, what political ideology do you most identify with? @adriene, via Twitter

Free and fair elections?

Seriously, will we ever have a free and fair election focusing on bread and butter issues for once? @firdaus_h via Twitter.

Blacklisting gutter politics

What do you think about our country’s current situation, and where it is heading? @abbyshahrin, via Twitter

Casting votes for Lord Bobo to lead Malaysia?

Dear Supreme Being, when I vote in the next general election, do I vote based on person, party, or policy? How to decide? @izmil_amri, via Twitter

 

 

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