Written by: Averroes
Facts and Authorities
We all must have heard of the parable of Pavithra who is a Youtube sensational Star with her cooks, given an Ipoh Icon and met the Prime Minister, had been alleged to have been assaulted ruefully by her husband, M.Sugu last July. Though, he was given a DNAA, which is a (Discharge Not Amounting to an Acquittal in the Sessions Court.)
This means that he is still be prosecuted as in the same case as what happened to Riza Najib who was also given DNAA after the 1MDB case for laundering US$248 million as of 5 charges. This is not double jeopardy as provided under article 7(2) of the Federal Constitution which reads,
"A person who has been acquitted or convicted of an offence shall not be tried again for the same offence except where the conviction or acquittal has been quashed and a retrial ordered by a court superior to that by which he was acquitted or convicted."
Even so, that power rests in the Public Prosecutor as under section 254(1) of the Criminal Procedure Code which states;
"At any stage of any trial, before the delivery of judgement, the Public Prosecutor may, if he thinks fir, inform the Court that he will not further prosecute the accused upon the charge and... accused shall be discharged of an from the same."
Sub-section (3) further states,
"Such discharge shall not amount to an acquittal unless the Court so directs."
It came after the Judge, Norashima Khalid arrived at that decision after permitting the Deputy Public Prosecutor Liyana Zawani Mohd Radzi's application after Pavithra took an oath to withdraw the charge voluntarily without coercion and intimidation on the same day of proceeding.
Simultaneously, Pavithra had also composed an official letter to the Sessions Court to retract the criminal prosecution toward her husband. The Deputy Public Prosecutor, Naidatul Athirah Azman states that they have received the official letter and are still in progress of reaching a conclusion from the Director of the State Prosecutor, whether to continue with the proceeding or not.
Previously, the Deputy Public Prosecutor Raya Mohd Waffy Ismail offered a bail of RM20,000 after the scheduled weapon of a sickle (which will be talked about later) was found in a public area which was intended for domestic abuse. The amount was high because if it were lower, then the public and society would have a splenetic perception toward that flagrant circumstance.
However, Sugu's lawyer Mahinderjhit Singh acquiesced for a lower reasonable bail with an extra condition and later, the court agreed for a bail of RM10,000 with a bailee. Also, he would have to report to the police station every month with 17th of August to continue the trial.
It all began when Sugu, aged 29 who was a former farmer was prosecuted as under section 324 of the Penal Code together with section 326A of the Penal Code for causing hurt on parts of her lips, left cheeks and right arm with both a smartphone and the grip of a sickle. He was said to have committed the act at a parking lot at Hospital Raja Permaisuri Bainun between 4 to 6pm last 21st of July.
In fact, section 326A of the Penal Code doubles the punishment as already provided in section 324 for both sections provide as follows;
Section 324 of the Penal Code states;
"Whoever, except in the case provided for by section 334, voluntarily causes hurt by means of any instrument for shooting, stabbing or cutting, or any instrument which, used as a weapon of offence, is likely to cause death, or any scheduled weapon as specified under the Corrosive and Explosive Substances and Offensive Weapons Act 1958...
...or by means of fire or any heated substance, or by means of any poison or any corrosive substance, or by means of any explosive substance, or by means of any substance which it is deleterious to the human body to inhale, to swallow, or to receive into the blood, or by means of any animal, shall be punished with imprisonment for a term which may extend to ten years or with fine or with whipping or withany two of such punishments."
Whereas section 326A of the Penal Code states;
"Whoever causes hurt to spouse or former spouse, a child, an incapacitated adult or other member of the family and commits an offence under section 323, 324, 325, 326, 334 and 335 shall be punished with imprisonment for a term which may extend to twice of the maximum term for which he would have been liable on conviction for that offence under the relevant section notwithstanding any other punishment provided for that offence."
He was also prosecuted as under section 6(1) of the Corrosive and Explosive Substances and Offensive Weapons Act 1958, which states,
"Any person who in any public road or place carries or has in his possession or under his control any offensive weapon otherwise than with lawful authority or for a lawful purpose shall be guilty of an offence and on conviction be liable to imprisonment for a term of not less than five years and not more than ten years, and to whipping."
This came after he possessed an offensive weapon which was a sickle, with measurements of 66cm or 26 inches with 'tiger' embossed on it, at the time of incidence of around 6pm. Later, the husband was represented by lawyer Jude Pereira and Syahrul Nizam Mohd Rabi. The Judge, Hakim Mohd Fauzi Mohd Nasir allowed the date to pronounce both cases on 17th of September.
Though, Sugu admitted to the court that he was not guilty and requested for trial after reading the accusation sentence in Tamil in front of the same judge.
Referring back to Sugu's lawyer, Syahrul Nizam Mohd Rabi, he gave the reasoning as to why the wife applied to discharge his case was because as he appeared before the court, it was because the complaint from the wife that she did not want to continue the case against her husband. Therefore, the husband should be discharged and acquitted.
Though the DPP Liyana sought in contrast for why a DNAA was issued instead as there is a probability that the prosecution would have a solid reason for the case to be reinstated.
Cut it short, what is important to address in this situation is that, as a couple, whether being in a happy relationship of both boyfriend and girlfriend, being pronounced as husband and wife. The author does not seek to assume and make faulty exaggerations of this household's familial interactions and how they overall communicate to each other. That is a question of private interest.
What the author does contemplate about is that the fact that many couples these days lack these basic moral compasses and the rudimentary elements of what is meant of a happy family. There are many of these fundamental columns which builds this environment of togetherness and belonging inside a family.
Among them would have to be tolerance, understanding, love, compassion and commitment.
1) Tolerance
In a relationship, the first element is that there must be tolerance. When two individuals are united, both of them must tolerate each other in a way such as, if one of them have contrasting views and differing aspects, then both of them should solve such dispute and have meaningful discussion between each other.
Resorting to violence and contempt is not the pleasant way of dealing and swerving around a bush. It requires patience and subtle time for both couple to reach a point where they know that because of the slightest of differences between them, they are able to rejoice and celebrate such differences and remain together as one.
2) Understanding
What couple these days lack is understanding. There is a reason as to why one of the couple behave in such attitude or deportment, but maintaining a firm rapport between yourselves should be prioritized among everything else, that what makes a family bond stronger. Both couples must understand and learn the behaviour of each of their couples, as when they do know, they would in turn be able to sort out the problems and predicament which they both endure.
It may be taxing and painstaking at first, though a relationship is more gleeful if both couple knew each other well and know their past and flaws. When that prospers, both of them are equipped with whatever means to overcome obstacles, "together' and it is not a lonely quest on a perilous journey.
3) Love
The reason as to why couples get together is because of this natural human instinct of love. It is natural for all human beings to be in love. They just want to be with someone as to feel appreciated, cared for and the sense of belonging as one and picture to have a happier life till death calls. Even so, it is a question mark if two individuals get together, it all leads to a gloomy end such as death, assault and divorce. If it is not love, then how did they both get together in the first place?
People nowadays are getting together is not because of bona fide love, it is all about the trend and to show off to other people and the rest of the world that you are in a fake relationship, just to garner attention. When they are bored and sick of it, the situation will turn sour and dismal. There are times they do it because of forced love, wanting to leech out the most of the other spouse financial standing and for the sake of lustful intimacy. If this practice is prevalent, the world is devolving.
4) Compassion
When it comes to compassion, it is where both couples are able to feel sympathy and empathy for each other. There are times where one of the couple just falls down the drain, or at times at their worst. Relationships are not just about having sex and burning money every month for hedonistic pleasures. It is a journey of two individuals locked inside a dim-lighted cavern, whom confront fear and pain in a convoluted labyrinth which will vow to drag them down to the knees.
There would be monsters along the way. When both of them see the beacon, they know that both of them have accomplished a golden harrowing journey that costs them their lives. One may feel pain and suffering while one will console and provide reassurance. Then, this is vice versa if the other couple feels the same. It is an emotional tie that must be strengthened no matter the cost.
5) Commitment
Lastly it is commitment. Before you enter into a relationship, you have to ask yourself a very important question. Why do you love the other person and what do you dream in the end with that other? Is it because of narcissistic reasons? Self-pleasure of a sociopath? Gaining an advantage over the other, leaving them at their lowest?
Why do you even want to have a relationship with them in the first place? Will you be prepared to sacrifice both of your lives for a happy yet staggeringly precarious future that is about to be unfolded?
That is something that you would have to reconsider. As it all goes, when you call yourselves as boyfriends and girlfriends, what is the next stage of your life together. Is it not that afterwards, both of you would have to become serious and start planning and think about your future together, perhaps having a family, raising children and live in a comfortable home? Think again, or did we have boyfriends and girlfriends for the sake of empty pleasure?
Conclusion,
To conclude, the world is rapidly changing at a fast pace. Human interactions and communications have been heavily impacted by globalization and overall trend of society and world economics. Though, it does not mean it is too late. Remember, violence and hate should not be promoted, but a more soothing alternative must be vouched for to ensure that a foundational relationship will not be torn apart because of some petty misunderstandings, lack of commitment, fraud love, low tolerance and zero compassion.
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