Joke of the year
Posted by Lawyer Harris on 22:13
Hi all ...
It has been quite some time since I wrote. This one criminal appeal decided some weeks ago, makes me laugh whenever I think of it. Hence this post.
Okay, this guy was sent to prison for 3 years and ordered 3 strokes of the cane when he was found guilty of an offence under Section 39A of the Dangerous Drugs Act. He came to me with instuctions to appeal. For record purposes, the trial proper was not done by me.
When the grounds of Judgment came, I listed out atleast 15 grounds in the Petisyen of Appeal and thereafter prepared a 20 pages submission on all 15 grounds listed. Haha ... when it came up for decision, this happened.
Dato Hassan Ghani JC asked, "did both of you read the grounds. I guess not. Otherwise, this would have not happened". The JC then went on to highlight issues which were not raised by either party via their submissions
1. The weight of the drugs stated in the charge sheet and the weight stated in the chemist report differed substantially
2. According to the charge, the drug seized was said to be meth but according to the raiding officer, the substance seized was Shabu.
3. The type of drug analysed by the chemist was not stated in the chemist report.
Hence the appeal was allowed by the JC, even without bothering to read submissions of parties.
How lucky some people can get.