Look, I think most here have the wrong idea on how things actually work regarding criminal cases in Malaysia.
1. Police investigates, but the power to charge lay with the AG chamber. That is why you get statement from the police such as "We have passed the file to the AG chamber." That means I have done investigating and have passed all the relevant information to the prosecutors of the AG chamber.
2. There are two stages - remand order, which the police applies from the courts is to detain the suspect pending investigation. Even at this stage, the police has to prove to the courts that there is probable cause to detain, and when a remand order is given, it is very specific on the time. Normally, if there is a case, the guy will be produced in court and charged.
3. Depending on what section he is charged with, there is no such thing as paying a fine and leaving. One guy I handled before got the shock of his life when he was given a 1 year jail sentence because some idiot told him that was what the courts will do. What is the penalty for the charge he is under? If it has a prison sentence (or even mandatory prison sentence), then there is no such thing as paying a fine and leaving.
4. Most cases are bailable offense, excluding death penalty cases such as 39(B) ADD or murder. There are some so special circumstances (even though I only remember 1 case), but most of the time you can be bailed. Unless you are Pablo Escobar or Mona Fandey.
5. There is no such thing as kawtim la. Public cases, too many avenues for complaint. What normally happens is the star witness withdrawing their report or in a lot of cases decided not to come to court. I already lost count how many police personell that got charged in my court (which is not even in KL).
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Jan 22 2014, 08:36 AM
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