The Kartika Case - A Judicial Fiasco?

When the syariah judge passed his judgement on the Kartika case, little did he imagine that he would kick up a political storm embarrassing not only the Pahang judicial system but also the Federal government, PM Najib included. For Kartika, who was arrested and charged in court for drinking beer, not only paid her fine but also insisted that the caning, which is part of the sentence, be done in public!

What followed thereafter was a series of twists and turns as well as back-tracking of decisions made one after another.

- Caning date was first delayed by two weeks. Then it was deferred until after the Ramadan. Now it is postponed indefinitely pending a review no one knows for sure by whom.

- Noises in the background are murmurs no more. They are now loud enough to be heard and the message is clear: the sentence was too harsh and out of sync with the nature of the offence.

- The icing on the cake must be the time when PM Najib, on national TV, implored Kartika to appeal against the sentence. This is interesting for two reasons. One, the implication is that the appeal, without a shadow of doubt, will lead to the abrogation of the caning sentence. Two, the judicial system in Pahang, under pressure from the Federal government, will make that call. A face-saving manoeuvre for everyone perhaps. Except Kartika. She has firmly refused to appeal. So the plot thickens.

For this writer, the entire episode calls to serious question regarding a country's judicial independence. And judicial interference for that matter. But that would be a topic for another day.