Will gov’t give firm date on Rizalman’s extradition?

http://ift.tt/1xV1pYE YOURSAY ‘Now we are all confused. Who makes the decision in this case?’ Armed Forces: Rizalman still undergoing treatment (http://ift.tt/1vRY1uK) Lee Ming Kiong: Defence Minister Hishammuddin Hussein said the matter is under the purview of Foreign Ministry, so what is Anifah Aman’s stand on this? I feel this ‘still undergoing treatment’ excuse will only escalate New Zealand’s and general public’s suspicion of cover-up by the Malaysian government. Anifah or Hishammuddin should announce the actual extradition date. Check with the hospital the psychiatric treatment schedule and the conditions that are considered ‘ready’ for military attache Muhammad Rizalman Ismail’s extradition and release this information to all concerned parties. The Defence and Foreign Ministries need to be very sincere, clean and clear on this matter. After all, Malaysia’s reputation is at stake here. Appum: Now we are all confused. Who makes the decision in this case? This soldier is under the Defence Ministry. The foreign minister has told the people of Malaysia that the government has decided to repatriate this man back to NZ to face trial there since the alleged incident had occurred there. It was even reported that he was to go on Monday. Now we hear the army chief says he is not ready to go. Now for once, who is calling the shots? Why is psychiatric assessment is now presented as a reason when this event had occurred more than a month ago? Don't we think he should be sent for psychiatric assessment right from the beginning when he returned earlier (if that is SOP)? Magnus: Section 5(c) of the Armed a Forces Act 1972 says that an officer or serviceman can be seconded to a department of the federal government, a state, local authority, statutory authority or an organisation in or outside Malaysia and that the secondee remains a member of the regular forces during that period of secondment. However, the secondee's remuneration during the secondment period is paid by the employer to whose service the person is seconded to. That means the army and Defence Ministry have effective joint employment and management control of the alleged attempted rapist in question and not the Foreign Ministry which merely paid his salary and presumably had immediate control over the day-to-day duties and affairs the secondee dealt with at the high commission in New Zealand. There is a psychiatric evaluation process to be done first as defined in the 1972 Act to gauge if the officer is of sound mind to be court-martialled. Section 88(3) lists types of civil offences and sanctions that can be handed out by a military court. The civil offences of treason and murder are liable to suffer death or any other punishment provided for by the Act; the sentence for manslaughter and rape is potential imprisonment (but not exceeding 14 years as in section 89) or any less punishment provided by the Act; other civil offences are potentially liable to suffer punishments which a civil court could award for the corresponding civil offence. There are also other punishments that can be handed out simultaneously, like dismissal with/without disgrace, forfeiture of seniority of rank etc. So if not discharged, then the alleged rapist could get the maximum prison sentence for the burglary, assault and attempted rape if the court martial finds him guilty as now charged by the Kiwis. Anon1: Well, at least he won't get the option of pleading the defence of insanity during the trial in NZ. Our government is ensuring that he is mentally fit to stand trial. But wait, if he is a certified nut case, then the government will not waive the diplomatic immunity and send him back. Fernz: Has he always been undergoing psychiatric treatment? If not, only a court can order psychiatric treatment for an accused. Insanity is a legal definition, not a medical one, and can only be made by a court. Odysseus: Why do you need the attorney-general to work out a date? Just buy a one-way ticket to NZ and inform the Foreign Ministry there. They will welcome him with open arms. Even provide police escort from the door step of the plane. Proarte: This scandal is a window into the modus operandi of Umno governance. Cover-up, lies, false promises, seeking immunity for theft and sexual crimes, and abuse of governmental institutions. It is also playing out the dangerous Umno narrative of 'Ketuanan Melayu' and 'Ketuanan Islam'. Earlier there was talk of extradition 'after Ramadan' now there is further delay due to 'psychiatric assessment'. If all suspected criminals were treated like Rizalman, there will be no convictions and the country would be in total chaos. After the MH370 tragedy, one would have thought the Malaysian government would try to improve its totally battered international image, but it seems systemic corruption is now an unresolvable reality for Umno. It needs corruption to survive but it is this cancer which will surely destroy Umno as well. Kit P: This is getting ridiculous. May 6 until today (July 10), he is still going through "psychiatric tests?" The earlier cover-up attempt by the Malaysian High Commission was wrong. Do not add another wrong by delaying bringing him to justice. ------------------------------------------------- The above is a selection of comments posted by Malaysiakini subscribers. Only paying subscribers can post comments. Over the past one year, Malaysiakinians have posted over 100,000 comments. Join the Malaysiakini community and help set the news agenda. These comments are compiled to reflect the views of Malaysiakini subscribers on matters of public interest. Malaysiakini does not intend to represent these views as fact.



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