Lee Kwan Woh v. Public Prosecutor
Encyclopedia
Lee Kwan Woh v. Public Prosecutor [2009] 5 CLJ 631
was a case
heard in the Federal Court
of Malaysia. The Federal Court unanimously allowed Lee's appeal against the death sentence
because of irregularities in his original trial for drug trafficking in the High Court, and held that the trial judge's behaviour constituted a violation of Article 5 of the Constitution of Malaysia
, which provides that no person shall be deprived of life or personal liberty save in accordance with the law. The decision further held that constitutional rights must be read prismatically and in a generous fashion, and not literally.
. The High Court in Ipoh
found him guilty in 2002 and sentenced Lee to death. The Court of Appeal upheld this decision. Unusually, the High Court had not permitted Lee to make submissions in his defence, instead concluding after the prosecution's submissions that a successful prima facie
case had been made, and that Lee was guilty. The trial judge asserted that section 180(1) of the Criminal Procedure Code permitted this. Lee's subsequent appeal to the Federal Court was on the basis that this action violated Article 5(1) of the Federal Constitution, which states that no person shall be deprived of life or personal liberty except in accordance with the law, and that the trial judge had failed to appreciate the evidence in Lee's favour.
The Federal Court found that the trial judge's action did constitute a violation of Article 5(1), even though the Constitution makes no express mention of a defendant's right to make submissions at trial, and even though the judge's actions were not technically prohibited by law. The Federal Court also found that the trial judge had been insufficiently critical of the prosecution's evidence, and not paid attention to inconsistencies or errors in them. In light of this, the conviction was unsafe, and the Federal Court ordered Lee set free.
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
was a case
Legal case
A legal case is a dispute between opposing parties resolved by a court, or by some equivalent legal process. A legal case may be either civil or criminal...
heard in the Federal Court
Courts of Malaysia
The Judiciary of Malaysia is largely centralized despite Malaysia's federal constitution, heavily influenced by the British Common Law and to a lesser extent Islamic law, and is mostly independent from political interference.-History:...
of Malaysia. The Federal Court unanimously allowed Lee's appeal against the death sentence
Death Sentence
Death Sentence is a short story by the American science-fiction writer Isaac Asimov. It was first published in the November 1943 issue of Astounding Science Fiction and reprinted in the 1972 collection The Early Asimov.-Plot summary:...
because of irregularities in his original trial for drug trafficking in the High Court, and held that the trial judge's behaviour constituted a violation of Article 5 of the Constitution of Malaysia
Constitution of Malaysia
The Federal Constitution of Malaysia, which came into force in 1957, is the supreme law of Malaysia. The Federation was initially called the Federation of Malaya and it adopted its present name, Malaysia, when the States of Sabah, Sarawak and Singapore joined the Federation...
, which provides that no person shall be deprived of life or personal liberty save in accordance with the law. The decision further held that constitutional rights must be read prismatically and in a generous fashion, and not literally.
Background
Lee Kwan Woh was a painter accused of trafficking 420g of ganjaCannabis
Cannabis is a genus of flowering plants that includes three putative species, Cannabis sativa, Cannabis indica, and Cannabis ruderalis. These three taxa are indigenous to Central Asia, and South Asia. Cannabis has long been used for fibre , for seed and seed oils, for medicinal purposes, and as a...
. The High Court in Ipoh
Ipoh
Ipoh is the capital city of Perak state, Malaysia. It is approximately 200 km north of Kuala Lumpur on the North-South Expressway....
found him guilty in 2002 and sentenced Lee to death. The Court of Appeal upheld this decision. Unusually, the High Court had not permitted Lee to make submissions in his defence, instead concluding after the prosecution's submissions that a successful prima facie
Prima facie
Prima facie is a Latin expression meaning on its first encounter, first blush, or at first sight. The literal translation would be "at first face", from the feminine form of primus and facies , both in the ablative case. It is used in modern legal English to signify that on first examination, a...
case had been made, and that Lee was guilty. The trial judge asserted that section 180(1) of the Criminal Procedure Code permitted this. Lee's subsequent appeal to the Federal Court was on the basis that this action violated Article 5(1) of the Federal Constitution, which states that no person shall be deprived of life or personal liberty except in accordance with the law, and that the trial judge had failed to appreciate the evidence in Lee's favour.
Decision
In a unanimous decision, the Federal Court allowed Lee's appeal. The judgment was written by Federal Justice Gopal Sri Ram. The unanimous judgment held that constitutional rights must be read prismatically and generously, not literally:The Federal Court found that the trial judge's action did constitute a violation of Article 5(1), even though the Constitution makes no express mention of a defendant's right to make submissions at trial, and even though the judge's actions were not technically prohibited by law. The Federal Court also found that the trial judge had been insufficiently critical of the prosecution's evidence, and not paid attention to inconsistencies or errors in them. In light of this, the conviction was unsafe, and the Federal Court ordered Lee set free.
See also
- Loh Wai Kong v. Government of MalaysiaLoh Wai Kong v. Government of MalaysiaLoh Wai Kong v. Government of Malaysia 2 MLJ 33 was a case heard in the Federal Court of Malaysia. Loh Wai Kong sought a ruling from the courts that Malaysian citizens were entitled to travel overseas as a fundamental right under Article 5 of the Constitution. The Federal Court ruled that no such...
- Pihak Berkuasa Negeri Sabah v. Sugumar Balakrishnan & AnotherPihak Berkuasa Negeri Sabah v. Sugumar Balakrishnan & AnotherPihak Berkuasa Negeri Sabah v. Sugumar Balakrishnan & Another 4 CLJ 105 was a case heard in the Federal Court of Malaysia. Sugumar Balakrishnan sought the reinstatement of his entry permit to the state of Sabah...
- Tan Tek Seng v. Suruhanjaya Perkhidmatan Pendidikan & AnotherTan Tek Seng v. Suruhanjaya Perkhidmatan Pendidikan & AnotherTan Tek Seng v Suruhanjaya Perkhidmatan Pendidikan & Another [1996] 1 MLJ 261 was a case heard in the Court of Appeal of Malaysia. The case concerned the allegedly wrongful dismissal of Tan Tek Seng, a schoolteacher...