Ramalinggam Rajamanickam, Mohd Safri Mohammed Na’aim, Tengku Noor Azira Tengku Zainudin and Nur Khalidah Dahlan
National education in Malaysia is governed by the Education Act 1996 (EA 1996) (Act 550). At present, the subject of criminal law is not part of the Malaysian national secondary school curriculum. The lack of it has resulted in students being unable to get adequate and necessary exposure as well as understanding of the subject. It certainly does not coincide with the grim reality that crimes committed by school children are on the rise in Malaysia. This research is qualitative in nature, using a pure legal approach. This research adopted a content analysis method consisting of a detailed analysis of the Education Act 1996 (EA 1996) (Act 550), the Penal Code (Act 574) and the Child Act 2001 (CA 2001) (Act 611). In addition, this research also analyzed various journals and academic research in this area to discuss the importance of teaching criminal law as a subject in schools. The paper concludes that instead of introducing this subject at post-secondary education level, the subject should be considered to be taught earlier in secondary school. Early exposure to the criminal law subject would enable school children to be adequately informed on how the criminal justice system works and its relevant principles and values. This would in consequence create awareness and promote good values for students at a young age, namely the values of respect and adherence to the law which would help them to refrain from committing crimes.
Mohd Safri Mohammed Na’aim, Ramalinggam Rajamanickam, Muhammad Faliq Abd Razak, Nadzirah Idris and Farhah Abdullah
The cartel is regarded as a desease that inflicts on the open market economy. Whilst its presence is detrimental to the public, the most serious issue is its secrecy, which has posed a major problem to competition authorities all over the world. To address this, many countries including Malaysia have introduced a leniency programme for the detection of cartels by persuading their members to approach the authorities to admit involvement in the cartel activities and assist the authorities to expose other cartel participants. The objective of this paper is to conduct a study on the legal framework of the cartel and Malaysia’s leniency programme. The paper contains a detailed analysis of the Competition Act 2010 (Act 712) (CA 2010), the Guidelines on Leniency Regime (Leniency Guidelines) by the Malaysian Competition Commission (MyCC) and academic research in this area. The findings show that while the leniency programme is available under the Leniency Guidelines, data on leniency applications made to date are not available on the MyCC’s website. In addition, the MyCC’s decisions published on its website revealed that of six cartels that were found to have committed infringement, none had been first detected through the leniency programme. Therefore, the effectiveness of the programme has yet to be proven.
Ramalinggam Rajamanickam, Mohd Safri Mohammed Na’aim, Tengku Noor Azira Tengku Zainudin, Zainunnisaa Abd. Rahman, Mohd Zamre Mohd Zahir and Muhammad Hatta
One of the most common forms of evidence used by the Public Prosecutor in a courtroom to prove a case is DNA evidence. The DNA evidence process started when the police collected the physical evidence relevant to the alleged offence at the crime scene. The collected evidence will then usually be sent to the Department of Chemistry Malaysia for DNA analysis. The chemist will extract the DNA from the relevant physical evidence by using specific techniques. The outcome of the analysis will be used to complete the investigation of the case. Being an independent organization, the Chemistry Department strives to provide impartial forensic science analysis. Thus, from the analysis, sometimes DNA evidence does not necessarily implicate the accused with the alleged offence but may also disclose the involvement of a third party in the alleged offence that may cast doubt on the prosecution’s case. This can be seen in the Federal Court’s case of Public Prosecutor v Hanif Basree Abdul Rahman  4 CLJ 1. The evidence will then be presented by the prosecution before the court to assist judges in making the right decisions. This indicates the important role played by an expert in the court decision making process. In this context, questions always arise as to the probative value of DNA evidence given by experts in the courtroom. Can the court convict a person solely on DNA evidence? This article focuses on the position of DNA experts in Malaysia under section 45 of the Evidence Act 1950. It was found that although the DNA evidence is given by the experts, the probative value depends on the nature of the evidence itself.