Thursday, July 26, 2007

Of Law and Justice, and a boy who murdered yet set free.

Five years ago, I read in disbelief, of a murder committed by a 12 year-old boy. He was repeatedly called 'Fatty' and a spat ensued between him and the 11 year-old daughter of his tuition teacher. They were alone in the teacher's home. He snapped and attacked the girl with a sharp weapon. The girl died from massive loss of blood resulting from four slash wounds and twenty stab wounds.

In the intervening five years, from the magistrate's courts to the KL High Court to the Court of Appeal, the prosecution and the defence did their thing. All while the boy spent time in prison. Yesterday, the boy, now 17, was set FREE.

The court said it had no choice. (Read about the facts and technicalities here.) This is one of those occasions where one goes 'Huh?' and ponders about the world we live in. This is the law. But is this justice? A question asked too many times around the Courts of Justice. Courts of Justice?

Most would accept whatever outcome as decided through the channels of law and order, even if it seems obviously skewed. Some have felt disgruntled enough to carry out themselves the justice they deemed more appropriate than that ruled by the law, breaking another law in the process.

There is the law and then there is justice. The law is laid out plainly in black and white, albeit with exploitable loopholes and interpretations. As loose as it may seem, it IS laid out in letter and cast in stone, so to say. Justice, unfortunately, is largely a concept, an opinion. More so to parties on opposing sides of any issue or case. They may accept the rule of law, but the absence of justice may still be perceived.

In this particular case, the boy and his family may feel that justice has been served rightly. And it is understandable that his victim's family are shocked at the sheer lack of justice. The public at large may offer a myriad of other views on this, very likely colouring the entire spectrum from freedom to the death sentence.

We all want justice. But given the nature and variance of the human mind, the law is all that we can rely on. If everyone should get the justice they want, it could throw us back to barbarism in a free-for-all world. Justice can be continually pursued. But it must be done within the law.

PS
And if we still feel that we did not get justice, there is always Judgment Day. No lawyers needed.

12 comments:

akula said...

Thats how crazy the world we live in.

UglyButAdorable said...

i really hope that this will not give funny ideas to rest of 12yo

imagine having 12yo...hey he kill people..cool and gets only 5 years?? i can live with that...

complicated sokmo...

Shionge said...

Set me thinking really..."..at the pleasure of the King..." is this reason good enough? Any follow-up psychologically for the kids...what if I mean what "if" he is going to do it again when someone trigger his temper...some form of medical treatment or follow-up would help really.

Just my thot Wingy...hope you have a nice weekend.

Cosmic_GurL said...

I read in the newspaper that the Govt is amending the Child's Act. On one hand i think everyone should be given a 2nd chance but I don't know how I would feel if that gurl who was slashed was a relative of mine.

It seemed like we put different standards to everything that happened around us. If it doesnt have any connection with us then we just dont care, if it does then we make noise. there should only be black and white but we cant help it if sometimes it's grey

Da Winged Acrophobic said...

akula..... you're are right but we still have to make sense of it. Sadly.

uba..... scary thought eh? I think we'll be seeing more crimes by younger people. Sadly.

shionge..... they did counsel the kid in prison. Not sure if there'll be follow-ups now that he's out. Amongst us.

cosmic_gurl..... spot on! Apathy is the bane of our society. When it's not on our doorstep, we don't take ownership. We should realize that societal issues are like fire, they spread wildly given the right ingredients. Hope the amendment would bring about more comprehensive, effective and proactive guidelines.

Unknown said...

While i think real justice involve making whole those who are harmed,u are right that we should not led our emotions deal the final blow. hope our flawed system of law wake up soon b4 all is lost.

*hi Mr WA. like yr sampan!!

Da Winged Acrophobic said...

mya..... thanks. Sampan is for the merry journey down the stream. Hope the fix the flaws, at least try to.

Seeking Solace said...

The constitutionalists draft the law, the Parliament passes the law and the lawyers take the blame?

Where's the justice in that?

sina said...

Personally, I can’t help but have some feeling of pity for the boy. Don’t get me wrong, I think he should pay for what he did....but I also feel, he will continue to suffer with his guilt and can only find closure if the parents of the victim forgives him.

Da Winged Acrophobic said...

seeking solace..... it's a blame game, nobody takes ownership.

mz ayam..... I feel sorry for the boy, too. His one act of madness will haunt him always.

Desparil said...

somebody once said the best way to improve or get rid of an unjust law is to implement is vigorously.

hope it works in this case.

Da Winged Acrophobic said...

desparil..... sounds right. Should work wonders in our country.