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Cracking chicanery codes

The criminal law is no use to decent people.

– George Bernard Shaw, Irish playwright

A code is universally known as “a system of words, letters, figures, or symbols used to represent others, especially for the purposes of secrecy”. Going by this definition, the United States Code, Malaysia’s Criminal Procedure Code and Penal Code obviously advocates a purpose of secrecy requiring the deciphering of deception and subterfuge.

Criminal justice systems court immaturity with words and phrases that create confusion, alarm and distress. A statutorily created criminal code becomes an atom splitting quixotic adventure akin to operating on a unicellular amoeba in an effort to find its internal organs!

German philosopher Frederick Nietzsche said that the purpose of criminal law is to punish the enemies of those in power. This uncanny observation makes perfect sense knowing that those in power get to make the laws, specially honed and perfected to criminalise dissent or criticism with the participation of a pliant judiciary.

In America today, public worship outside an abortion clinic will get you into hot-soup. The supreme law of the land now criminalizes your right to exercise freedom of religion. Only in America?

The code becomes so fudged that it compels a presiding judge to find the line of least resistance by declaring the law with total disregard for the facts. Saw Kim Hai & Anor v PP (1956) MLJ 21 is the undisputed champion in our case law annals where the court said that it is settled law that an accused person can be tried even if the arrest is illegal!

Whatever law was invoked was totally shrouded in a code for a…


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