Tuesday, 23 October 2012

FREE THEM!

May peace be upon you.


People here are still talking about the case of the two Indonesians brothers who were convicted of murder. To all of you who is not familiar with the case, the fact of the case  is -  the victim, a burglar, broke into the brothers' house. He crept through the ceiling of the house and fell into the brothers' room where the brothers were sleeping. The brothers woke up and tried to apprehend the victim but the victim fought back. During the struggle, the victim was killed.

        The brothers were mysteriously charged and convicted of murder.  Once upon a time, I was a law student and any criminal law student knows it is difficult to prove someone is guilty of murder. Basically, you have to prove the existence of mens rea (the intention) and the actus reus(the act) of murder. However the most difficult part is to prove that the accused is guilty beyond  reasonable doubt.

          The question is how on earth the prosecutor succeeded in proving intention to murder? Did the brothers before they sleep, had planned - if a burglar falls through our ceiling, we will kill him? If someone broke into your house, don't you have the right to defend yourself, your family and property? It doesn't mean you have the intention to kill.

           It sends a chilly precedent that if an intruder entered your house, you are at his mercy. You cannot defend yourself for fear not of losing your life but the life of the intruder. This is totally absurd.

           It is not surprising, there is a public outcry against the injustice towards the two brothers. I pray there will be a judicial review on this case and I sincerely hope they will be found innocent. PLEASE FREE THEM.

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