Mock Trial -Attacks on DW (Round 1) by Mazlima Omar https://padlet.com/mazlima5/kqwx2zg19r3cq6dd Made with an open mind en-us 2021-10-17 03:01:37 UTC 2021-10-21 13:58:13 UTC hello@padlet.com This padlet is created for us to brainstorm on the points to attack DW. Please feel free to add. mazlima5 https://padlet.com/mazlima5/kqwx2zg19r3cq6dd/wish/1821594857 2021-10-17 03:04:06 UTC https://padlet.com/mazlima5/kqwx2zg19r3cq6dd/wish/1821594857 whether due diligence (DD) was carried out to verify the status of the permit? scslaw2012 https://padlet.com/mazlima5/kqwx2zg19r3cq6dd/wish/1826349914 1.  if DW answered "no": then it will be a good point for prosecution to attack further- the Register is the prima facie evidence of a valid approval has been obtained (Need to check FE and its rules-whether there is a clause on the "conclusiveness of the Register.

2. if DW answered "yes",  more or less similar to the above argument. But u can ask DW to explain:
   - how DD is carried out?
   - who carried out DD?
   - what is the proof that DD had been out?
- when DD is carried out?
 -  how 

]]> 2021-10-19 07:03:16 UTC https://padlet.com/mazlima5/kqwx2zg19r3cq6dd/wish/1826349914 Why the charge is made against Alan Kusuma? Why the charge is not made under Suka Suki Log? scslaw2012 https://padlet.com/mazlima5/kqwx2zg19r3cq6dd/wish/1826493846 I anticipate that defence lawyer will try to negate the prosecution's case by asking this Q. The defence will try to make that there is no nexus between OKT and the logging activities/the workers.]]> 2021-10-19 08:20:15 UTC https://padlet.com/mazlima5/kqwx2zg19r3cq6dd/wish/1826493846 Arguments for cross-examination of DW1 and DW2 https://padlet.com/mazlima5/kqwx2zg19r3cq6dd/wish/1826658430 1) To prove the relationship between the Accused and the workers

2) The permit/ licence is not valid (the burden is on the Accused to prove otherwise) - s.38(1) Forest Enactment.

3) In addition, we can argue on s.15 FE - no licence shall be issued under the Enactment in respect of Forest Reserves of Class 1 - Tangkulap Forest Reserve falls under Forest Reserve Class 1 - See no. 82 of Schedule - Forests (Constitution of Forest Reserves and Amendment) Enactment 1984 (No. 4 of 1984)– – as such no licence should be issued in respect of Tangkulap Forest Reserve by virtue of s.15 FE 1968!

3) The trees were cut illegally - (the burden is on the Accused to prove otherwise) - s.38(3) FE
 ]]> 2021-10-19 09:40:04 UTC https://padlet.com/mazlima5/kqwx2zg19r3cq6dd/wish/1826658430