THERE IS LITTLE LOGIC LEFT...

Posted by Unknown On Tuesday, July 13, 2010 23 comments
I wonder if many of you chanced upon THIS REPORT in The Star yesterday. I would have missed it if not for a lawyer friend who pointed it out to me and requested me to write on it. The report is about how a former University Putra Malaysia labourer lost his appeal at the Court of Appeal here Monday over his dismissal by the university, 25 years ago for allegedly removing 120 eggs worth RM9.18 from the university's farm without permission.


With due respect to all parties concerned, I am not writing about the right or wrong in this case from the aspect of the judgement or the crime. No. I am writing about the value of things being contested and in this case it is an act of removing 120 eggs that were worth RM9.18 more than two decades ago.

The ex-UPM guard brought legal action at the High Court against UPM in the same year that he was dismissed (1986) seeking a court order to declare that his dismissal by the university was wrongful and sought that he be reinstated and compensated. After the High Court which had dismissed his suit in 2006, Palaniappan, now an odd-job worker, brought his case up for appeal which was dismissed yesterday. His counsel, M. Mohan Ghandi, told reporters that he would bring the case up for appeal to the Federal Court.

I am no legal expert but a citizen who is concerned about how the cost of the suit borne by tax payers' money is greater than the loss of RM9.18. I am expressing my concern about the opportunity cost of this case.

Secondly, even if he did remove the 120 eggs, are the eggs so precious that he must lose his job? Could he not be given a stern warning or put on probation? Are there people who are so pious in life that they can lose their sense of forgiveness and humanity by being dogmatic over RM9.18 worth of eggs?

In the first charge, it was difficult to prove dishonesty. How can one prove the intention to cheat? Then the article says that a fresh charge of taking out the eggs without the university's permission was framed against him.

To me, it is absurd that our legal system has to set aside precious time to talk about such a petty case about eggs when there is a backlog of cases especially the PKFZ which runs into millions.

I wonder if this is the most unusual case in history...

If we do simple mathematics, if a case worth RM9.18 takes 25 years, how long will it take to resolve other cases that run into millions and billions?

Apart from this, we read about defamation cases that run into millions. There seems to be little logic left that such incidents can occur. Then there are so many other public interest cases which are still pending including the TBH case, Kugan case, other corruption cases and so on.

There has to be greater effort to build harmony and unity rather than creating negative messages at the expense of other fruitful and worthwhile/pertinent activities which merit public attention and scrutiny. All we need is a little bit of love, kindness, tolerance and forgiveness for one another. Is that such a tall order?

23 comments to THERE IS LITTLE LOGIC LEFT...

  1. says:

    johnnie lim this is yet another case of how our court &systems operates, and the thing they consider as importance. millions and billions have been stolen, but there is no case, but petty things like this they are ever so efficient. makes you want to cry doen't it?

  1. says:

    Anonymous To be dismissed just because of removing 120 eggs that were worth RM9.18?

    I think that is the greatest joke I have ever heard!

    Malaysia Boleh!

  1. says:

    Anonymous There seems to be TOTAL SILENCE on PKFZ ever since a new man took over the Ministry of Transport?

    I wonder why....

  1. says:

    Anonymous We are not alone. Sometime ago, I cannot remember the date, a man by the name of "Jesus" was prosecuted in a Latin American country ( better not to name them because they may prosecute you) for having stolen a chicken.And there too the courts had no time for the stolen billions.

  1. says:

    Anonymous Are those really 'chicken' eggs ?

  1. says:

    Anonymous There was a particular episode in the old British series, "Crown Court", where an old retired British army officer was prosecuted for flicking a packet of curry powder from a supermarket. He was charged for stealing some exotic foodstuff which was regarded as a luxury item.

    The plaintiff explained that he had served a long time in India before and curry was a staple food for anyone there. He explained that his pension was so small and that he was barely subsisting on minimal basic food needs.

    He was discharged and not punished by the law - a truly fair and compassionate human law by design and execution.

    ~wits0~

  1. says:

    Unknown Dear Johnnie

    This is possibly a case of misplaced priorities and a lack of compassion to those who are less advantaged. Indeed it is so petty that one wonders why they were so dogmatic and legalistic.

    Sighs. Indeed it does make me want to cry!

    Take care and thanks for being a compassionate friend.

    God bless your kind heart.

    Cheers

  1. says:

    Unknown Dear Anon @ 4.08pm

    I was also aghast with horror when my friend told me about it. Initially, I did not believe it and laughed it off until he sent me the link.

    Truly most disappointing.

    Sighs.

    Take care and thanks for sharing.

    Best wishes

  1. says:

    Unknown Dear Anon @ 4.17pm

    Many of us are wondering why as well!

    *eyes rolling*

    Take care and thanks for your subtle comment. I appreciate your thoughtfulness.

    God bless you.

    Cheers

  1. says:

    Unknown Dear Anon @ 5.28pm

    Thanks for sharing that snippet! Well, now we know that there are many heartless people around. Sighs..Thanks also for your thoughtfulness. I appreciate the cautious tone of your comment. We have to during such challenging times. God bless you!

    Best wishes

  1. says:

    Unknown Dear Anon @ 6.02pm

    A friend joked and said the whole story might have been different if they had been Faberge eggs!

    Yes, they were really 'chicken' eggs...

    Sad and absurd isn't it?

    Sighs.

    Take care and have a lovely evening.

    Cheers

  1. says:

    Unknown Dear ~wits0~

    Many thanks for that lucid example that reminds us to be human and compassionate.

    I appreciate your input here which really brings out what I was trying to highlight - that we must be human and not to be caught up with dogma or legalism...

    Take care and have a restful evening.

    Cheers

  1. says:

    Anonymous Two things first...

    I never knew eggs cost less than 8 sen each 25 years ago and I never knew that Universiti Putra existed then. Okay back to the main topic...

    We really don't know the case in its entirety. Have compassion by all means, but don't jump to conclusions without knowing the facts. He could be guilty as charged. So let's look at the case from a neutral standpoint.

    First, the guard might not be your assumed "victim" of heartless people. For all you know, he could have been a habitual and unrepentant offender but the management had compassion and always held back their dismissal action until they could not take it anymore. He might also have been a dishonest, lazy and irresponsible good-for-nothing bum who does nothing except sleep and read Playboy mags when he's not sleeping.

    He could have been verbally and officially reprimanded many times before and while the dismissal might seem drastic, it was actually necessary and the right thing to do.

    I have dismissed people who, on the outside appears to be a person of good conduct, but conclusive and damnning evidence revealed otherwise.

    If it had been an isolated offence committed in a moment of greed and stupidity, supported by the staff's previous good disciplinary record, then of course I concur with you all that he should have been reprimanded only but not dismissed.

    I could be wrong.

    StraightTalking

  1. says:

    Anonymous Sheeeeeesh what level of justice can one get after 25 long years ? Why must a case like this takes that long to be solved ???? This must be justice the lala....land way. In everything trying to create a record for the world to see.

    Where is compassion in this case ? Can't the management solved this by hearing and giving the accused the right to be heard then ? Well, just sheer waste of time and taxpayers monies to try such a trivial case where we have billions stolen and yet the case is being dragged at the pace of tortise, leh.
    ~ahoo~

  1. says:

    Unknown Dear StraightTalking

    Lovely to hear from you again!

    Thanks for your detailed and practical response. I appreciate the fact that you thought over the case rationally and shared from the depths of your professional experience.

    I do agree with your points but as I said earlier, it was a waste of precious time and resources of the system to discuss the case which should have been thrown out in the first place.

    Thanks for considering the other side of the matter in such an interesting manner :-) and it is possible that what you said could have happened. But then again, this is Bolehland so...?

    Yet, if we look at his persistence through the two and a half decades, chances are he is innocent. A guilty man would not stride so far. Nonetheless, we leave him in the hands of God.

    One thing is for sure - you are excellent in your profession and no one would dare to muck around with you :-). Thanks for being an inspiration where professionalism is concerned and even your patriotism and passion in writing.

    Take care and have a great week!

    Cheers

  1. says:

    Unknown Dear ahoo

    Great to hear from you again. Thanks for jiving with the post and for remembering that there are more serious cases to be considered - those that are related to lost lives and lost $$$, many times the magnitude of the value of the eggs in this case.

    Have a blessed week and may you be an inspiration to those around you.

    Shalom

  1. says:

    Anonymous Me thinks NOT because of the unique
    colour of those eggs BUT ...but.. of the stealer !!

  1. says:

    Unknown Dear Anon @ 9.07am

    That is another possibility that many of us did not consider!

    Very sharp observation! Thanks for sharing.

    Cheers

  1. says:

    Anonymous About the case having taken more than two decades, wasting taxpayer's money, taking up precious court resources and time which could, otherwise have been spent on more deserving cases, before it is finally closed...

    Let me get this straight, I'm not trying to win this argument.

    The reason it took this long to dispose the case is anybody's guess. But the fact that it took this long does not necessarily mean the man is innocent. It could have been engineered by the Plaintiff's lawyer who might have, rightly or wrongly, advised him that his case was a "sure-win" and the court award could be substantial considering that the number of years and the back wages owed to the plaintiff. With such anticipated "certainty", our man could have believed him and, having gained employment elsewhere, now has the funds to pursue his case which he felt was worth fighting all the way, never mind if he knew he was guilty as charged. The lawyer meanwhile continued to earn from his client. Add all these to our "colorful" judiciary, and we have a case of delayed justice not in the true meaning of "justice delayed is justice denied".

    Where the law is concerned, whether a dispute involved one ringgit or one billion ringgit, if you want to settle it in court, no one can stop you. The legal system and process is there to serve Mr. Nobody or Mr. Somebody. Whether it is worth the trouble is, of course, another matter.

    Many years ago, I had a relative who was killed in a car crash. Her insurance claim, which eventually went to court, took more than a decade before she was finally paid. The insurance fought tooth and nail to deny the claim even though it was, in the lawyer's opinion, a sure-win case.

    So there are variables that we must consider before we can say, "Shit! What kind of fuckup case is this?"

    StraightTalking

  1. says:

    Unknown Dear StraightTalking

    Once again, thanks for broadening the scope of this issue. I appreciate the time you have taken to discuss the length and breadth of this issue. Aiyo - this is no argument but an open forum for us to consider and to learn from each other's opinion.

    One thing is for sure - you would definitely excel in whatever field you choose because of the meticulous and fair manner in which you dissect different aspects of any situation.

    As I said at the beginning of the post, I only wrote it at the request of a lawyer friend who was aghast about the value of the eggs and the fact that it took so much of time which could otherwise have been used to consider other cases. Also, as a soft-hearted sentimental old lady, I also lament the lack of compassion.

    Your input is certainly valuable in helping us to consider the many angles of the situation. Thanks so much for this as it has been a learning experience for me as well.

    Take care and may you continue to demonstrate professionalism of the highest degree in all that you do.

    Warmest wishes

  1. says:

    Anonymous Sorry for the wrong choice of word sweetheart. Of course this is not an argument, like you rightly pointed out.

    We're all on the same side. Always.

    StraightTalking

  1. says:

    Unknown Dear StraightTalking

    No worries, dear pal. I know we are always on the same side. Your input embellishes and broadens my posts and opens up new angles for us to consider. As a retired person, my perspective is limited as I am in 'decline' haha so your learned input stemming from your rich experience is always a precious lesson for me.

    Take care and thanks for the support, encouragement, friendship and kindness.

    God bless you and yours always!

    Warmest regards

  1. says:

    Anonymous Ahem ! Wrt the issue of justice, lawyer and money related issues, we have sometimes involved the accountant too.

    Just a joke to share that I heard from the market place related these profession. No offence meant at apology to our learned lawyers and accountant.

    A highly respected pope was asked on his dying bed what would be his last wish. He lamented that he would like to die like the Lord but insisted that he cannot be compared to his Lord.

    When asked who are the two figures that he wants to accompany him ? Without any hesitation, he said, of course none other than my ever faithful lawyer and accountant.
    ~ahoo~

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