But, where judges do not even have the minimal intelligence to understand and enforce laws, then we should put these worthless men in robes behind bars and throw the keys away. Everyone knows that our judiciary has long been in crisis, that it has been infected and infested with corruption ever since Mahathir manipulated the sacking of Chief Justice Salleh Abas in 1998, as reinforced by the findings of the 2008 RCI into the fixing of the appointment of judges vis-a-vis 'Lingamgate'.
The High Court had imposed a 15-year jail sentence and five strokes of the rotan for the first rape charge, as well as nine years’ imprisonment and two strokes of the rotan each for the other three charges, which were to run concurrently. The court also ordered for RM40,000 in compensation to be paid to the girl. Bunya appealed to the High Court against the convictions, sentence as well as the order to pay compensation.
What is incredible about Court of Appeal's Judges Datuk Abdul Wahab Patail, Datuk Linton Albert and Datuk Seri Zakaria Sam verdict is that they set free Bunya despite:
1. Bunya having confessed to all 4 rape charges.
2. DNA evidence confirming that Bunya was the father of a child given birth to by the under-aged victim.
The CoA judges wrote that their doubts arose from:
1. Both the complainant and the accused’s names were not in the hotel register, giving rise to the presumption that they had not checked-in or occupied any room in the hotel.
2. Judge Augustine who said that the appellate judges found that the complainant’s testimony was not reliable, and that she was not a reliable or truthful witness:
“The complainant had related the four incidents in the same manner, thus not quite believable and considered not credible. If on the first incident she was forced into sex, why would she follow the accused to the hotel the next three times that followed?” asked Augustine.
3. A specialist obstetrician had testified that pregnancy could occur if freshly ejaculated semen laden with sperm is inserted with a finger into the vagina. In his evidence, the accused (Bunya) testified that he never had sexual intercourse with the complainant and that only once on June 6, 2011, the complainant had asked him to have sexual intercourse with him in a toilet of the YMCA. According to the accused, the complainant gave him a hand-job causing him to ejaculate and then his semen was smeared onto the complainant’s fingers and his own finger, which he later inserted into the complainant’s vagina.
Firstly, we all know that most cheap sex-hotels never register names of guests, and if they do, certainly not the names of both guests. This is mainly so that they can pocket the cash and not declare their earnings to the Income Tax Department. Often, the names of second guests are not recorded in the register of 5-star hotels. Our judges do not know that?
Secondly, how did the CoA judges who never heard any testimony, conclude the child lied? Normally, they would have relied on the opinion of the High Court judge's who witnessed proceedings. For God's sake, we are talking about a case where the accused had confessed, and a poor but brave 14-year old had to testify in open court in front of her rapist. They expected a mature Oscar-winning performance from the shaken and trembling girl-child?
I rest my case.