Wednesday, May 19, 2010

Changes to Criminal Procedure Code (CPC)

Some changes to the law about interrogation (clause 258) is making the waves online. Its kinda scary and to put it across in layman's term, basically it allows the police to use statements that they cheat or conned out of you, or statements that you made when you are drunk to convict you.

E.g. Someone who is caught drink driving is brought back to the police station. 1km away, there might have been a hit and run. Police questioned if the driver, who is his intoxicated state is understandably not in the best condition to answer but is forced relentlessly to answer all questions or sign a confession before he is allowed to rest. The police might also further assure him that it is not a confession he is signing but just a procedure that he needs to do before he is allowed to rest. Being so worn out and confused, the driver may just have answered wildly or signed any documents placed in front of them just to get some rest. However, the next morning, when he is sober, he is shocked to find out that what he had signed is actually a false confession as he did not commit the crime and tries to get it revoked. Unfortunately, he is unable to do so because of the law and ends up going to jail for a crime he did not commit. Is it fair?

You can say all kinds of bullshit about the integrity of our police force or government etc but I stand by Murphy's law that "whatever can go wrong will go wrong." Fuckups had, have and will continue to occur. No human being or system can be perfect. Can the police or govt guarantee a 100% no false conviction rate? By giving too much power to the agencies, what can the man on the street do to correct a wrong? Remember the case of Dickson Tan, who was caned more times than he was supposed to be? Or Tan Lai Kiat, who was released prematurely in 1999 but warrant of arrest issued again in 2003 because the courts realised that they make a mistake? If even the courts and prison can make a mistake when handling the CONVICTED, I can't see why we should put blind trust in police where the person might be actually innocent.

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