Malaysia
Jamal’s no-show an abuse of legal process, say lawyers
Datuk Jamal Mohd Yunus speaks at a press conference at Sekinchan, March 12, 2016. u00e2u20acu201d Picture by Saw Siow Feng

KUALA LUMPUR, May 30 — Datuk Seri Jamal Md Yunos’ failure to turn up at the police station today, to explain why he absconded before his bail was completed, is an abuse of the criminal litigation process, lawyers said.

"Immediate action to find him must be done. He cannot be blowing hot and cold and violate the law, and then play an innocent game,” senior criminal lawyer Datuk Baljit Singh Sidhu told Malay Mail.

Baljit said a bail is posted to secure the attendance of an accused person in court.

"But in this case, no bail should be given as his attendance can’t be secured,” said Baljit, who is also a member of the Malaysian Bar Council criminal law committee.

He pointed out that Jamal has given many excuses, claiming that he will come forward to clarify the so-called misunderstanding that led to him absconding from the hospital.

"Initially, he said he needs to go to Tabung Haji to withdraw money, and now he claims to be a victim,” he said.

Earlier today, Jamal’s lawyer Datuk Mohd Imran Tamrin, who was at Ampang Jaya district police headquarters, said he has been unable to contact Jamal as of 3.30pm to complete the latter’s bail documentation process scheduled at 2.30pm.

Jamal, however, sent a video recording of his statement to the media explaining his absences, stating there was a concerted plan by those in power to instruct the police to take action against him even though the police have given their guarantee that he would only be needed to complete the bail documentation process.

He also accused the police of being pressured by a powerful figure to portray him as someone who has committed a serious crime, after he claimed his house was raided and his family lived in fear of being hunted down.

"I believe there were ‘hidden hands’ plotting my downfall, and that the police arrest was part of the plan,” Jamal said.

"It is apparent from his video today that he committed the offence but claiming such a ridiculous defence. This sets a bad precedent for the Criminal Justice system in Malaysia,” said Baljit.

Lawyer Emile Ezra Hussain said the explanation video by Jamal showed he that was not taking the law seriously.

"Appropriate action from the police is necessary to restore order and the confidence of the rakyat towards the authorities,” he said.

Senior lawyer Salim Bashir said Jamal had breached the conditions of the bail when he absconded from hospital when the bail process was incomplete.

"A person is under bail when all conditions of bail are fulfilled. The conditions consist of paying the bail amount, fulfilling the court administrative bail process, and any other conditions imposed by court to be granted bail,” he said.

"Mere pronouncements by court to grant bail is not execution of a bail bond. If the conditions are not met, then it’s deemed that bail is not granted,” he said.

"Reconsideration to place him under bail is at the discretion of the courts, under section 389 of the Criminal Procedure Code, and is contingent on whether Jamal is deemed a flight risk.”

Jamal, who is also known as the leader of the so-called "Red Shirts”, was charged on Friday with committing public nuisance by smashing bottles of alcoholic drinks in front of the Selangor State Secretariat building in Shah Alam on October 5.

On May 25, Jamal’s bail was set at RM3,000 after he was charged in the morning at the Ampang Puteri Specialist Hospital, but he went missing at 5.30pm when a Shah Alam Court assistant registrar arrived at his ward to complete the bail process.

The police then launched a manhunt for Jamal in an operation called "Ops Tutup” and instructed him to return and complete the bail process.

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