RIGHT TO REMAIN SILENT ON EXPLOSIVE REVELATION OF PI BALA


There is a surfeit of writings on the unconscionable method that was adopted to neutralize Altantua in the year of 2006. The manner in which the acts were executed can at best be described by the use of the powers of our imagination as giving us an image of some form of cave man having had with the tacit approval of the Ministry of Defence secured C4 explosives and effectively used it as an experiment on an extremely vulnerable human being.

We claim to live in modern times. With the various types of new technologies being used by the people of this nation, it would appear that we live in an age of ongoing discovery.

Therefore by the way in which we live we have indeed come a long way from Charles Darwin’s 1859 seminal work “On the Origin of Species”. This was a new theory of evolution by natural selection put forward to a wide audience. This theory of evolution was overwhelmingly accepted by the scientist community.

The reader my wonder as to what is the relevance of the theory of evolution to the murder of Altantua.

The relevance is that the theory of evolution is premised on the study of the change in the “genetic material” of a population of organisms through successive generations. It is a study of biology.

Although the changes in a single generation are normally small, the accumulation of these differences over time can cause substantial changes in a population, a process that can result in the “emergence of new species.”

The reader can easily recall Mahathir a pseudo- Malay who authored a book entitled “ The Malay Dilemma” which postulated that the Malays are the definitive people of Malaysia. Being a medical doctor he argued that the Malays needed “affirmative action” to overcome the “deficiencies in their genetic stock.”

So, since the great medical doctor Mahathir has himself penned it in his book, that the Malays have a deficiency in their genetic stock there must be some truth to the matter. So would it be wrong to conclude that the people implicated in the murder of Altantua have a “deficiency in their genetic stock” in this day and age of our modern living?

There answer should be in the positive.

Now, lets look at the chronology of events that led to the murder of Altantua which is clearly recorded in Sirul’s cautioned statement to the police.

Here is the link to the statement made by Sirul.: http://www.asiasentinel.com/index.php?option=com_content&task=view&id=1779&Itemid=178RIGHT TO REMAIN SILENT

Having had read the cautioned statement, it would be appropriate to now deal with PI Bala’s explosive revelations.  Whether or not there is some element of substance in what he has stated in the video recordings made in the presence of three Malaysian prominent lawyers, is an ethical choice that one has to make. This is in respect of why he made the second Statutory Declaration to withdraw the first Statutory Declaration.

Here is the link to part 1 of the video recording:

http://www.youtube.com/watch?v=uXX0l1V_Ms4

Now, having had read Sirul’s cautioned statement to the police and then having had watched and listened to the video recording, one can draw a disconcerted conclusion.

It will be noticed that under Sirul’s cautioned statement, one may implicitly infer that Najib has knowledge of the murder of Altantua. And based on  Bala’s revelation in the video recording, read together with Sirul’s cautioned statement, the disappearance of Bala from Malaysia, his claim that he was paid RM750,000.00 of the RM5 Million offered of which he claims that he can produce documentary evidence, why have the Inspector General of the Police(IGP) and the Attorney General(AG) not acted.

Apart from the above facts, Bala has implicated Najib, Rosmah, Nazrim, Deepak, Suresh and the lawyer Arunampalam. Not a single soul has rebutted the allegations made by Bala in his revelations to the three prominent lawyers about the falsity and the circumstances under which he was compelled to execute the second Statutory Declaration. Would it not mean that complete “silence” means, that the named people tacitly consent that the revelations of Bala are true.
The facts are clear. One of the Statutory Declaration is false. Section 191 of the Penal Code (Act 574) states:

“Whoever, being legally bound by an oath, or by any express provision of law to state the truth, or being bound by law to make a declaration upon any subject, makes any statement which is false, and which he either knows or believes to be false, or does not believe to be true, is said to give false evidence.”

Why has there been no prosecution or charge preferred under Section 200 of the Penal Code(PC) (Act 574)?

Before we proceed to deliberate on Section 200 of the PC  let us first determine as to whether an offence has been committed.

Well, Bala was hired by Abdul Razak Baginda(ARB). ARB was charged for abetting in the murder and was acquitted and discharged without his defence being called. Bala has  some degree of  knowledge of what transpired before the actual murder.

Bala is an ex-special branch police officer. He is a man of modest means. Why did he have to leave the country immediately after making the 2nd. Statutory Declaration. He has taken his family with him, and they have been staying out of the country for over a year.

It is for all right minded people to draw an informed conclusion. So what is the evidence?

Based on the Rule of Evidence, it was generally developed over several centuries. To put it simply, the rule governs whether, when, how, and for what purpose, proof in a legal case is to be brought before a court for the facts to be considered.

So, when we consider Sirul;s cautioned statement to the police and take it together with the revelations of Bala, we would find that the facts fall squarely within the rules of evidence?

Any lawyer worth his salt, which includes the AG knows that generally “hearsay testimony” is inadmissible in a court of law. However, there are many exceptions to the hearsay rule.

But in the deafening silence of all the actors on  Bala’s revelations,  the IGP and the AG

have ended in the refutation of the populace. These actors appear to be merely squalid and miserable addicts of power where any unschooled man with intelligence and taste would openly despise them.

Why would it be so?

The revelations of Sirul and Bala are not hearsay evidence. They are facts that exist as perceived by their senses. They are real facts based on the “best evidence rule.”

If that is the reality of the situation, then why has the AG not acted even though a police report has been lodged on Bala’s revelations of Nazim Razak and the other actors acts and conduct.

Since the AG may have a recent loss of memory, we would lend him our assistance.

Section 129 (1) (b) of the Criminal Procedure Code (Act 593) inter alia provides:

(1)   Except in case of complaints laid by the Public Prosecutor no Court shall take cognizance-

(b) of any offences punishable under section 193, 194, 195, 196, 199, 200, 205, 206, 207, 208, 209, 210, 211 or 228 of the Penal Code except with the previous sanction of the Public Prosecutor or when the offence is committed in or in relation to any proceeding in any Court on the complaint of such court.

The law is made for a purpose. It is to cure a mischief. We have the murder case of Altantua which is not going away any time soon. There are other actors who must be brought before a court of law. The power is in the hands of the AG and the IGP.

The longer the AG decides not to act we will give him a “gift” of loneliness as the AG does not seem to act in accordance with the rule of law that is well established in this nation of ours. The AG should understand that life would not progress if he allows the rule of law to be moribund.

Should the AG abrogate on his powers to act, then it is unfortunate that Reinhold Niebuhr’s statement would come to fruition, that is:

“Evil is not to be traced back to the individual but to the collective behavior of humanity.”

We hope that as all history is current we would not let it be recorded for the future where our future generations would pour scorn on our inability to right what was, unjust.

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One Response to “RIGHT TO REMAIN SILENT ON EXPLOSIVE REVELATION OF PI BALA”

  1. boscopa Says:

    Yes. I am the author of this post.

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