The Book of Prof Shad.docx

Preventive detention in pp v musa 1970 1 mlj 101 it

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Preventive detention: In PP v Musa (1970) 1 MLJ 101 it was held that if the detainee was previously under administrative detention under the Internal Security Act, there is no bar to a subsequent criminal trial on the same set of facts. Likewise if a person is acquitted by a court of law, there is no bar to a subsequent preventive detention order as in the case of Yeap Hock Seng @Ah Seng v Minister (1975) 2 MLJ 279. Disciplinary proceedings: If the subsequent proceeding is non-criminal in nature and is in a forum different from a criminal court, there is no violation of Article 7(2). Thus, if a person, who has been acquitted or convicted in a criminal court, is subsequently subjected to disciplinary proceedings upon the same facts, there is no double jeopardy: Mohamed Yusoff Samadi (1975) 1 MLJ 1. A school teacher was acquitted of outraging the modesty of his pupils but subsequently tried in disciplinary proceedings and dismissed for bringing disrepute to his profession. Multiplicity of proceedings: Trial in one court on charges also pending in another court is most unfair but does not amount to double jeopardy because the constitutional guarantee is activated only after a person has been acquitted or convicted: Teh Cheng Poh v PP (1979) 1 MLJ 50. Civil proceedings: Imposition of a criminal penalty is no bar to a civil action or vice versa. Thus if a motorist is convicted of criminal negligence, this does not bar a civil action in tort for compensation. Re-trial: Appellate criminal courts have power to order a new trial: PP v Khai Chin (1979) 1 MLJ 112 None of the above exceptions apply to the returnee from Toronto. He has paid the price for his wrongs and has a right to pick up the shattered pieces of his self-destructed life. However, to calm public fears the police is keeping him under watch. If there is a reasonable suspicion of any new offence or repeat of the sexual perversions, then our law will permit an arrest and trial. Article 7(2) bars retrial for a charge on which there is already a conviction or an acquittal but every new act of criminality will trigger a new criminal proceeding. The public has nothing to fear. 42
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5. EQUALITY BEFORE THE LAW INTRODUCTION No constitutional ideal is as worthy, yet as unattainable, as the ideal of equality before the law. Philosophers have spoken of it as the “supreme condition of liberty and humanity” and as the “final end of the social art”. The American Declaration of Independence (1776) eulogised the equality of all men as a “truth” that is “self-evident”. In fact there is nothing self-evident about equality. Nature’s sovereign law is subordination and dependence. In a state of nature, big fish eat small fish; the strong prey over the weak; only the fittest survive. Throughout history, the rich, the powerful and the privileged have held sway over society and have misused laws, institutions and procedures to their advantage.
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