Error and exaggeration in the presentation of the significance of a DNA match in criminal trials in Malaysia

DNA evidence is now widely used in criminal trials across jurisdictions, including Malaysia. One important issue to be considered is how the significance of a DNA match that uses statistical calculations should be presented and explained in a criminal trial. This article demonstrates how the presentation of the significance of a DNA match in criminal trials in Malaysia has been tainted with error, exaggeration and bias towards the prosecution case based on the reference to case law. It also provides recommendations in order to ensure that the significance of a DNA match is properly presented in the criminal trials in Malaysia.     

The African state and the failure of US counter-terrorism initiatives in Africa: The cases of Nigeria and Mali

Counter-terrorism initiatives are failing across the African continent. A major reason for this failure lies in the state-centric and military-focused nature of many counter-terrorism initiatives. In Africa, the state is often the source of insecurity for ordinary citizens. Any military strengthening of an illegitimate African state by the international community not only serves to bolster a predatory state but also undermines the human security of citizens. More importantly, such an approach conflates sub-state and international terrorism and serves to bolster the latter, thereby undermining regional and international security further. Put simply, current counter-terrorism initiatives are counter-productive. This paper focuses on counter-terrorism efforts in Nigeria and Mali with a special focus on US initiatives to combat terrorism in the region.     

Somaliland: An African Struggle for Nationhood and International Recognition

This paper investigates the benefits of Chinese companies to the Ugandan economy using data gathered during fieldwork in Kampala. Potential contributions to the Ugandan economy are analysed through a number of economic and managerial factors, and their determinants. This paper shows that potential benefits vary on the basis of sector, investment size and ECCO registration. The potential harm caused by one sector in particular is indicated. The paper presents recommendations regarding how potential benefits can be maximised and harm reduced. Given the increased presence of Chinese enterprises in Africa, these findings are relevant to African policymakers and academics.     

Malawi

Democracy in Malawi is relatively new, due to the late introduction of a multiparty system in the mid‐1990s. Now it has all the systems in place but has been slow to make them effective.     

State-backed discrimination against Shia Muslims in Malaysia

This article traces the origins of legalized discrimination, religious hatred, and systematic marginalization of a community of Malaysian Muslims – the Shias – perpetuated in the name of Islam. It demonstrates how a central government-derived fatwa (religious legal opinion) banning Shi’ism and the propagation of Shia teachings in the country since 1996 has been used to justify a range of human rights violations, not limited to the religious freedom of this minority group. Apart from Syariah legislation, the state has utilized this fatwa alongside other tools, including the religious bureaucracy and the media, to persecute Shia in Malaysia. Anti-Shia efforts are also supported and propagated by non-state Islamists who often work hand-in-hand with state actors.     

Reasoned elaboration of equitable maxims

Wechsler thought matters of established precepts must be decided by ‘neutral principles’, requiring judges to provide ‘reasoned elaboration’. The objective of this research is to examine critically the judicial elaboration of the maxims of equity. Have judicially stated maxims of equity tended to conceal the underlying universal principles by an absence of reasoned elaboration? Argument tests the proposition that the maxims’ underlying principles are veiled, by the necessity of having to analyse their judicial elaborations, in order to infer their inherent principle. Only three of the studied maxims were true maxims. Others could not be subject to reasoned elaboration.     

Post-appeal avenues to rectify miscarriages of justice in the Malaysian criminal justice process: reform options and the use of DNA evidence

Many jurisdictions have reformed their criminal justice process as a result of reported cases where convicted individuals who have exhausted their legal rights of appeal were exonerated using DNA evidence. Based on that backgrounds, this article critically examines the existing post-appeal avenues in Malaysia and highlights that they are ineffective to deal with claims of miscarriages justice. This article argues proper legal mechanisms need to be established to deal with this issue which can also allow convicted persons to request for DNA testing where relevant to prove their innocence.