UMNO candidate Mike Tyson was found guilty on appeal, even if acquitted

As reported in THE STAR, 11 April 1997:

Tan Sri Muhammad Muhammad Taib has quit as Selangor Mentri Besar amid controversy relating to his court case and properties worth millions in Australia

Responding to a remark that the charge in the Brisbane Magistrate's Court only involved Muhammad's failure to declare the cash and not related to corruption, Dr Mahathir said the charges he faced had affected the party.

''We are more concerned with Umno. He (Muhammad) felt that he was responsible. It is his right to make a decision.

''Party members should not smear Umno's name or do something that can cause the party to be seen in a bad light
(http://161.139.39.251/akhbar/cabinet.off/1997/ss97413.htm)


As reported in THE STAR, Wednesday February 20, 2008
TAN Sri Muhammad Muhammad Taib, the popular Mike Tyson of Umno, is set to play a big role in the Federal political scenario, if he is elected an MP in the general election.

The former Selangor mentri besar is almost certain to be the Barisan Nasional flag-bearer in the Kuala Selangor parliamentary seat
(http://thestar.com.my/news/story.asp?file=/2008/2/20/central/20379307&sec=central)


As reported by AFP and carried by Malaysian papers


BRISBANE, Australia, May 29 (AFP) - Malaysian politician Muhammad Muhammad Taib was acquitted here Friday of currency regulation breaches involving more than 1.3 million Australian dollars (780,000 US).
(Source:AFP, Malaysian politician acquitted of currency breach ,
29 May 1998)


THE APPEAL OF THAT ACQUITTAL ,as reported by AP -BUT APPEARS NOT TO HAVE BEEN REPORTED IN MALAYSIAN PAPERS
Australian Judge Erred In Case Of Malaysian Politician

An Australian judge made legal errors in directing a jury which acquitted a top Malaysian politician of Australian currency law breaches involving foreign cash worth A$1.3 million, a superior court ruled Tuesday.
The ruling won't have any effect on the politician's acquittal because under Australian law an acquittal cannot be appealed and a person cannot be tried again on a charge of which they have been acquitted .
Muhammad Muhammad Taib, 52, was acquitted by a Queensland state District Court jury in May this year on one count of knowingly making a false currency report when entering Australia on Dec. 16, 1996, and another of failing to declare currency when leaving six days later
.
(Source :AP,13 October 1998)


`````````````````````````````````````````````````````````````````````````````````````
THE CASE REPORT
SUPREME COURT OF QUEENSLAND
C.A. No. 219 of 1998.
Brisbane
Before Pincus J.A.
Thomas J.A.
Ambrose J.
[R v. Taib ; ex parte Cth DPP]
T H E Q U E E N
v.
MUHAMMAD BIN MUHAMMAD TAIB
REFERENCE BY COMMONWEALTH DIRECTOR OF PUBLIC PROSECUTIONS
PURSUANT TO SECTION 669A OF THE CRIMINAL CODE
Judgment delivered 13 October 1998
Separate reasons for judgment of each member of the Court; each concurring as to the orders made.
THE REFERENCE TO BE ANSWERED AS FOLLOWS:
1. THE LEARNED TRIAL JUDGE WAS CORRECT IN HIS RULING THAT IN ORDER TO ESTABLISH THE REQUISITE KNOWLEDGE OR MENS REA FOR AN OFFENCE AGAINST S.15(1) OF THE FINANCIAL TRANSACTION REPORTS ACT 1988 (CTH) THE PROSECUTION MUST PROVE THE ELEMENTS -
(I) THAT HE (THE ACCUSED) KNEW THAT HE HAD IN HIS POSSESSION $5,000 OR MORE;
(II) THAT HE KNEW THAT HE HAD TRANSFERRED THE CASH OUT OF AUSTRALIA;
(III) THAT HE KNEW THAT HE HAD NOT REPORTED THAT TRANSFER.
2. THE LEARNED TRIAL JUDGE WAS NOT CORRECT IN HIS RULING THAT IN ORDER TO ESTABLISH THE REQUISITE KNOWLEDGE OR MENS REA FOR AN OFFENCE AGAINST S.15(1) OF THE FINANCIAL TRANSACTION REPORTS ACT THE PROSECUTION MUST ALSO PROVE -
(I) THAT THE ACCUSED KNEW THAT THERE WAS AN OBLIGATION TO REPORT SUCH TRANSFER OF $5,000 OR MORE.
3. IT WAS NOT NECESSARY FOR THE PROSECUTION TO PROVE THAT THE ACCUSED KNEW THAT THERE WAS ANY OBLIGATION WHETHER IMPOSED BY THE FINANCIAL TRANSACTION REPORTS ACT OR OTHERWISE, TO REPORT SUCH TRANSFER OF $5,000.
( For full report see http://www.austlii.edu.au//cgi-bin/disp.pl/au/cases/qld/QCA/1998/307.html?query=Muhammad%20Taib )

Comments

  1. Fortunately, Mat Tyson is not on the BN list

    ReplyDelete
  2. Khairy Jamaluddin DO NOT BULLSHIT, here is a real case for you and if you are a real OXFORD UNIVERSITY GRADUATE then you will know that Judge Zainon binti Mohd. Ali needs to be prosecuted for committing criminal offences.

    I refer readers to my post on this fellow Khairy Jamaluddin, son in law of the Prime Minister and play-boy with a fleet of very expensive cars, please go to http://yap.chongyee.blogspot.com.

    Dear Khairy Jamaluddin is all hot air, lots of empty talk before election and nothing but promises after the election. He has been put into the deputy leadership of UMNO Youth. Where else can his father in law “fast track” him into the front ranks of UMNO and eventually to succeed Ahmad Bedawi as Prime Minister ? I have observed many times that Malaysia is an oligarchy in the IRON GRIP of UMNO elite. The promises he has made so far can only exist in his mind alone and in fact cannot be realized. They are mere empty promises and are not to be taken seriously.

    Let me draw this Khairy Jamaluddin’s attention to the ongoing ROYAL COMMISSION INTO JUDICIAL CORRUPTION ! What is Khairy Jamaluddin going to do to ADDRESS JUDICIAL CORRUPTION ? This is what solid and down to earth ISSUES that need to be addressed; and has he said anything about it ? Let me cite my wife’s CASE : ORIGINATING PETITION No.: D2-26-41 of 2001 in the HIGH COURT IN KL was struck out by the PRESIDING JUDGE ZAINON BINTI MOHD. ALI, who is now promoted to the court of Appeal. It is hilariously funny that judge Zainon binti Mohd. Ali was so IGNORANT OF THE LAW THAT SHE AWARDED TO THE RESPONDENTS WONG KEM CHEN, STEPHEN LIM CHENG BAN AND KWONG SEA YOON 2 directly OPPOSING ORDERS (a) for security for costs, which my wife paid in the sum of RM.60,000; therefore by this payment by my wife there is nothing else to be done except to go to court; but instead judge Zainon binti Mohd. Ali went on to ILLEGALLY AWARD TO THE NAMED RESPONDENTS A SECOND AND OPPOSING ORDER TO STRIKE OUT PETITION.

    The ignorance of this judge Zainon binti Mohd. Ali is so comically profound THAT ALL HER ACTIONS ON THE BENCH IN HER ADJUDICATION OF MY WIFE’S PETITION WERE CRIMINAL. She committed the following criminal OFFENCES :

    (1) Aiding & Abetting respondents Wong Kem Chen, Stephen Lim and Kwong Sea Yoon TO COMMIT the criminal offences of PERJURY & FORGERY
    (2) Acting jointly with above criminal respondents in A CONSPIRACY TO PERVERT THE COURSE OF JUSTICE
    (3) Acting jointly in a conspiracy to obtain money under false pretences
    (4) Acting jointly in a conspiracy to obstruct police investigating criminal offences
    (5) Committed the criminal offences of Malfeasance.

    I had written countless letters to the Malaysian A.-G, Chief Judge of High Court of Malaya, copies to President & Secretary of Malaysian Bar Council and to this day I have not received any response. Here is a Judge of the Highest Court of Malaysia who does not KNOW THAT SHE WAS IN FACT COMMITTING SEVERAL CRIMINAL OFFENCES WHILE PERFORMING HER JUDICIAL DUTIES. I have invited the Malaysian A,G, and all those mentioned above to come to Australia to obtain my EXTRADITION FOR SEDITION so why have they failed to clear the name of Judge Zainon binti Mohd. Ali ? Why bother for the Malaysian Government to spend several millions of Ringgit to hold a bullshit Royal commission when criminal behaviour of Judge Zainon Binti Mohd. Ali is all there to READY FOR PROSECUTION.

    What is this fellow Khairy Jamaluddin going to do about a REAL CASE and not one that is hot air. I invite the Malaysian Government to come to Australia to get my EXTRADITION.

    ReplyDelete

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