These Responses To Malaysian Law On Self Defence Are Gold
Yet another puzzling explanation of Malaysian law
By Janelle Tai — 16 Jan 2016, 05:40 PM
At this point, we Malaysians are fed up with the copious amount of burdensome laws and not-so-sensible things people in power say
An interview between lawyer Datuk Haaziq Pillay and Ally Iskandar on how to 'Defend Yourself From Threat' on Malaysia Hari Ini below has incited a lot of anger among netizens. Why? Well, the lawyer says that in the event where a victim is defending himself against a robber with a smaller knife, they aren't allowed to retaliate with a bigger knife. Watch a snippet of the interview below:
"Lets say, if the intruder only wields a small knife but I (the victim) have a gun in my hand, then that is not fair." says Datuk Haaqiz. "Also, I should be able to call the police or escape from the scene if the intruder only comes at me with a knife. Under the law, the victim has to be in a real apprehension of fear of themselves or their family's lives for them to be able to kill the intruder"
Putting this in context, the lawyer is responding to a case that happened sometime last year. 50-year-old Mohammad Zulkifli was charged under Section 302 of the Penal Code for murder and under Section 326 of the Penal Code for causing grievous bodily harm.
The man merely practiced his human right to defend himself from two robbers who were trying to break into his house in Terrenganu. One of them was badly wounded and died when Zulkifli stabbed him in the shoulder with a small blade.
Some netizens took to Facebook to share their bewilderment at the lawyer's misinterpretation of the law
In the final moments of your life, you wouldn't have time to choose the right size of knife, making sure it is a small size. In such a critical situation, you would grab anything you can. Even if all you can get is a cat, you would throw it at the robber.
Interpreting the literal sense of Datuk Haaziq's words, some laugh at how ridiculous it is to consider your choice of weapon in such an intense situation. One would simply do whatever it takes to protect themselves and their family, rather think about the technicality of carrying out the self-defence.
Others took to creating visuals of a scenario if the law was to be meticulously followed, which made it a whole lot funnier
"No need to measure, just make your life easier and hand me the money, uncle."
If thats the case, I'll be sure to keep a 'mask-masak' knife near me at all times.
However, some people questioned what authorities would do themselves and pointed out the holes in our justice system
Section 99 of the Penal Code contains specific guidelines on the rights and limits of a person in a situation which calls for self-defence. As explained by Inspector general of Police (IGP):
“The section clearly outlines the rights and limits of self-defense, not just for the public, but for policemen too. If someone robs us, that doesn’t mean that we can kill them.” he said.
theantdaily.com
However well versed a person is with the law, a person who may even be a trained cop will find it hard follow the rules and regulations in a dire situation as the first thing that they would do is act by instinct. This leaves the courts and the Attorney General’s Chambers to decide whether the act of killing is justified or not.
With Zulfikli's hearing due to take place later this month, people are hoping that there will be no miscarriage of justice and he will be freed
If Zulkifli is convicted of the crime although his actions were unintentionally lethal and meant to protect his life, he will be charged with the the harshest punishment - that being a death penalty.