Trial by Jury -- Aye, Aye!

There is an interesting proposal by the senior-most law enforcement chief to bring back the "Trial By Jury" abolished more a decade ago.The rationale given includes this: "He said the Malaysian public had matured since the jury system was abolished."

From the NST:

A-G: Bring back the jury

PUTRAJAYA: The Attorney-General, has proposed that jury trials and preliminary inquiries be restored as these provide for a better way to dispense justice.

Tan Sri Abdul Gani Patail said public participation in the jury system could ensure a better application of the "reasonable man" standard on the question of facts during a trial.

Jury trials and preliminary inquiries, adopted during the colonial period from the British legal system, were abolished 11 years ago through amendments to the Criminal Procedure Code to "improve and expedite" court proceedings.

The then Law Minister Datuk Seri Syed Hamid Albar, when tabling the amendments in Parliament, said the abolition would free the legal system of irrelevant procedures.

He said this would expedite the hearing of cases, saving time and costs for the courts and the parties because jury trials took a lot of time as it was difficult to get qualified jurors.

He also said many were reluctant to shoulder the responsibility of sending an accused person to the gallows.

However, Gani said yesterday a trial by jury would be more conclusive as the judge would use his legal expertise to guide the jury on questions of law while the jury, the laymen, decide on the facts.

He said the Malaysian public had matured since the jury system was abolished.

"People are more well-read, well-informed and competent in discussing current issues. You can see this from the depth of public comments in the papers," he told the New Straits Times.

Because of this, Gani said he felt jury trials were ready to be reintroduced.

"I’m confident in the public’s ability to participate in our trials.

"We need to bring the public into the picture. If you look at the system in the proper perspective, it’s a good idea. We should not be clouded by fears or worries, it can be done," he added.

The issue was brought up early this month when Solicitor-General Datuk Idrus Harun proposed that the judiciary consider reintroducing trial by jury.

Idrus said the jury system would be effective in tackling possible corrupt practices or abuse of power among judges.

DESIDERATA: Again, the main concern is the over-riding problem that has focused the nation's attention for the past two decades, rising in crescendo since the ex-PM Tun Dr Mahathir Mohamad claimed "It (Corruption) has gone from below to above the table...", not long he had stepped down as Malaysia's CEO in November 2003.

Desi welcomes the latest initiative of the A-G.
IMHO, had ex-DPM Anwar Ibrahim been tried by a Jury, I don't think he would have been found guilty and then locked up in prison for six long years on alleged charges of sodomy when even at the charge sheet stage, the dates of the alleged offences were changed NOT ONCE, but TWICE by the prosecution!
But this is water under the bridge.
Any improvements to restore some semblance of openness and independence to the severely emasculated Judiciary are to be welcomed. Now let's see some action to follow all the talk!

And the other set of corruption charges too.
Yes, as the defence said, "trumped up" charges based on political vendetta...
A jury comprising a dozen fellow commoner Malaysians would have given a fairer verdict as decided by one sitying jude, or an expanded panel of judges on appeal later (because the suspected probability of judges that were selcted to sit were prejudiced, or partial to one party, was always present...)

So for a start, how about looking into the allegations of corruption by members of the Bench contained in a former Judge's Surat Layang some 10 years ago but recently -- in a more open and tolerant climate of openness? -- the judge came out to IDENTIFY HIMSELF as the author of that "poison-pen" letter as dismissed by the present Minister in the news, Minister in the PM's Department, Nazri Aziz.

What harm is there, Nazri, in re-opening the files? Instead of you offering to be proxy-fighter on behalf of the PM in his FACE-Off with your former Boss?