DEC 22 — Two principles can be gleaned from media reports on Rosmah Mansor’s acquittal.
The first principle is that a charge must disclose an offence. I have explained this in A charge without an offence is like a heart without a beat.
A charge that discloses an offence is good. It’s like a good heart. As William Shakespeare wrote in King Henry (Act 5 Scene 2): “A good heart is the sun and the moon; or, rather, the sun and not the moon, for it shines bright and never changes, but keeps his course truly.”
The second principle is that for every distinct offence there must be a separate charge. I have explained this in One charge, one offence.
When two or more offences are mentioned in a charge, the charge is said to be duplicated or duplicitous, or as is often said by lawyers, bad for duplicity.
Hence, the principle is often termed as the rule against duplicity, which is a prohibition against introducing more than one offence in a single charge.
It is the duty of the court to satisfy itself that the charge or charges against an accused is on the face of it properly framed before the accused is called upon to plead to the charges or charges.
In Rosmah Mansor’s case, the learned High Court judge found the charges against the accused were not only duplicitous but multiplicitous.
Such charges are defective, flawed and illegal.
The second principle is simply this: one charge, one offence like in one heart, one love. Or as Bob Marley the legend sang: “One love, one heart ... Let’s get together and feel all right”
You will be surprised that a charge is very much like a heart. While a good heart is worth a gold, a good charge is worth a conviction.
* This is the personal opinion of the writer and does not necessarily represent the views of Malay Mail.
