It is common practice among legal firms in Malaysia to serve notice using A.R Registered Post. It’s no surprise since it is considered as the cheapest and easiest way to serve the defendant and of course it is acceptable by law. A.R. registered post can be addressed to the defendant’s last known address.

The best method however is by way of personal service. Personal service is service of process directly to the (or a) party named on summons, complaint or petition. I always feel legal firms should make the effort to use this method first before looking for alternative when the defendant is nowhere to be found.  Personal service or proper service of process will ensure that the defendant has sufficient notice that he or she has been summoned and required to attend the court proceeding at specific date or else judgement in default of appearance will be imposed upon them. It will also save them from embrassment when finding out in the local newspapers that they have been served.

There are cases when the defendant refuses to accept the Summons.  He thinks if he doesn’t accept it, the case could not proceed.  Well, that’s a very foolish move.  Unless he wants to be infamous in the newspapers, or have the process server leave the Summons lying on the Premises for just anyone to pick-up, he should just accept service and decide whether he wants to dispute the claim or not. If not, he would be wiser to discuss for settlement with the Plaintiff. Nobody likes the litigation process,  we want the result – whether money, compensation, etc.

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During the two-hour chat, he told me a very interesting story that really happened in Sarawak. It’s kinda bizzare, strange and a bit funny too. It’s about a civil suit in Sarawak not long ago, whereby, a local bank sued their customer who defaulted in his hire purchase payment. The bank repossessed the car and then proceeded with summon. Since the client wanted to contest the suit, the case went to trial. During the trial the car was placed in the police station as it was evidence in the case. After more than a year, the case was decided in favour of the plantiff (the bank). The bank tried to get back the car only to find that it was in a terrible condition. Many parts were missing and it was no longer in working condition. The police did not offer  any good explanation though, claiming that they were not aware that the car was evidence in a suit, etc, leaving the bank with a piece of junk after more than a year of court battle. Ouuchhh…

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There are plenty of interesting development in Malaysia in regards to suicide law. Unlike our UK counterparts, suicide is illegal in this country. Section 309 of the Penal Code stated that anyone guilty of attempted suicide could face imprisonment of up to a year or fined or both. To date, this section has never been enforced by the police. According to Deputy Inspector-General of Police Tan Sri Ismail Omar “…attempted suicide, as a crime, was unlike other illicit acts and needed to be dealt with delicately”. Therefore, it was remains to date as a law only. This situation however is set to change in wake of the increasing cases of attempting suicide in this country.

Concerned that more people are resorting to ending their lives at the first sign of problems, police are considering enforcing the law on attempted suicide as a form of deterrence. This was reported by NST on 25th November 2008.

“It is not your normal crime. We act on it with wisdom and look at the act from many angles, including the root causes and what prompted them to do it as well as if they have mental disturbances. Dealing with people who attempt suicide requires the involvement of many parties, including specialists and psychiatrists. We are concerned with the increase in suicide attempts and if we have to start charging people to deter them from doing so, we will,” - Deputy Inspector-General of Police Tan Sri Ismail Omar

True to his words, finally yesterday, a 16 years old girl was charged in the Court for Children with attempting to commit suicide. The teenager was alleged to have committed the offence at the YT Midtown Hotel rooftop on Nov 21 by attempting to jump off the building. Since the girl is still a child the proceeding will in accordance with The Child Act 2001. [Note: Section  2 of the Act defines “Child” as a person under the age of eighteen  years, and for the purposes of criminal proceedings, means a person  who has  attained the age of ten. If a child is found guilty of an offence, he/she shall not be  imprisoned, but among others, may either be sent to an approved  school or  released on bail. For capital offences, the child shall  be detained in prison at  the pleasure of the Ruler (sections 91-97  of the Child Act 2001).]

One interesting issue that which will spark debate among Malaysians in the future is whether the police is right in their decision to charge the girl? Should we use Section 309 to anyone who attempting to commit suicide or there should be an alternative ways to handle this?

MPA notes that the majority of suicides due to depression are generally not diagnosed early because “their symptoms are not recognised; they are misdiagnosed and wrongly treated; doctors feel their symptoms are due to ‘personal weakness’ ” or the patients tend to “hide their depressive symptoms”. Professor Mohamed Hussain Habil, president of the Malaysian Psychiatric Association reported in the MPA newsletter that suicide rates had increased by 60% for the past 45 years.

Interesting point was also raised by Dr Subash Kumar, a Consultant Psychiotrist. He said “It is wrong concept to think that people who are attempting suicide are seeking attention. Many are genuinely in need of help. Suicide is an emotional problem which must be sorted out”. His view was echoed by Dr Benjamin Tan who said “Those who are attempting suicide would feel further traumatised if they are charged in court. My concern is by enforcing the law, some will be driven to commit suicide”.

Federal Territory Religious Department (Jawi) director Datuk Che Mat Che Ali said “while Jawi was not empowered to take action against those who attempt suicide, the organisation offered counselling to Muslims who felt there was no way out for them but to end their lives. It is a huge sin, where Islam is concerned, for one to take his own life. We try in the best way we can to rehabilitate these individuals so that they do not repeat this sin”

I don’t know what you think. I hope I will get your feedback on this. In spite of what I wrote above, bear in mind however that the accused is only charged in court of law and does not go straight to the prison. One of the defences that can be raised is insanity, which will prevent him or her from going to the prison.

- Passionate About Blogging

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“We cannot leave this case without expressing great sympathy for Ms Purdy, her husband and others in a similar position who wish to know in advance whether they will face prosecution,” said Baker.

But he added: “This would involve a change in the law. The offence of assisted suicide is very widely drawn to cover all manner of different circumstances; only parliament can change it.” Purdy, reacting outside the court, said she was “really disappointed” with the ruling and would take her case to the Court of Appeal.

“People need clarity, and I don’t feel any clarity. I hope the Court of Appeal will take a different view but, in the meantime, I’d like Parliament to take the judges’ hint to look at the law,” she said.

Purdy has said she plans “to live forever,” but if her condition becomes unbearable she wants to decide when she dies. She has joined Dignitas, the Swiss body which operates clinics where people can go to commit suicide. Her ability to carry out everyday tasks is rapidly diminishing, and she now lacks the strength to propel an ordinary wheelchair and has to use an electrically-operated model.

Prosecutors argued that the law does not require it to make a specific policy of the kind sought by Purdy. They argue that legislation governing suicide dating from 1961 is sufficient. The law makes aiding and abetting suicide punishable by up to 14 years in prison, in addition to existing special guidelines for prosecutors.

Purdy added: “I want politicians to debate what needs to be done because if people talk about needing safeguards, protecting the vulnerable, we have to know what is necessary to protect people.”  - AFP

Notes:
Assisted-suicide is the process by which an individual, who may otherwise be incapable, is provided with the means (drugs or equipment) to commit suicide. In some cases, the terms aid in dying or death with dignity are preferred. The term euthanasia is sometimes used in a broader sense, to include acts which are performed by people other than the patient, which do not involve the choice of the patient, or which involve passive withdrawal of life support. Assisted suicide is illegal in many legal jurisdictions, including the United Kingdom (where a bill to legalize it was voted down in 2006), but in others, eg, Belgium, Netherlands, Oregon (by the Oregon Death with Dignity Act), and Switzerland, there are circumstances in which it is permitted.  In England and Wales there is a possibility of up to 14 years imprisonment for anybody assisting a suicide. Oddly, suicide itself is not a crime. Suicide has never been illegal under Scotland’s laws. There is no Scots authority of whether it is criminal to help another to commit suicide, and this has never been tested in court. The killing of another at his own request is murder, as the consent of the victim is irrelevant in such a case. A person who assists another to take their own life, whether by giving advice or by the provision of the means of committing suicide, might be criminally liable on a number of other grounds such as: recklessly endangering human life, culpable homicide (recklessly giving advice or providing the means, followed by the death of the victim), or wicked recklessness.

- Passionate About Blogging

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