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10 APRIL 2024

Saturday, August 3, 2013

Wanita Umno ayes preventive detention, nay by Umno Youth


Wanita Umno chief Shahrizat Abdul Jalil today supported calls for the return of preventive detention laws, a position which has been rejected by Umno Youth.

"We want to urge the federal government to restore preventive detention laws in view of public concerns (over crime)," she said during a speech in Kuala Lumpur today.

She said this during a Wanita Umno function to honour the police, military, fire fighters and civil defence personel in conjunction with Ramadan.
Shahrizat, who once ran one of the larger lawfirms in the country, also recommended two measures that can function as a check-and-balance mechanism.

Firstly, she said detainees under preventive detention laws should be allowed to defend themselves before an advisory board in court and the proceeding is held in camera.

"We understand how sensitive (some) issues can be and (it) should be held in camera (in chambers)," she said.
Check-and-balance
Secondly, she suggested that an advisory panel be set up, comprising legal experts, to advise the Home Minister on handling preventive detention cases.

"With such 'check-and-balance' mechanisms, there should be no reasons why preventive detention laws cannot be implemented to help our law enforcers," she said.

Her comments comes a day after Umno Youth chief Khairy Jamaluddin Abu Bakar told reporters that he disagreed with preventive detention and instead wants to enhance crime fighting abilities of the police.

"Personally, I don't agree with the enforcement of any law that provides for detention without trial because this contravenes the individual's human rights and the principle of natural justice, and this is something that we cannot accept.

"So, we should not introduce any law that allows for detention without trial but should instead enhance the capability of our security forces," he told reporters at a breaking of the fast organised by the Negeri Sembilan Umno Youth with the media, at Seremban last night, according to Bernama.
Bill to be tabled in September

He said this when asked to comment on the polemic regarding the new bill to tackle serious crime to be tabled in Parliament in September which is said to incorporate an element on detention without a trial.

The bill aims to prevent crime after the government had abolished the Emergency Ordinance and the Restricted Residence Act in 2011.

Khairy, who is also the youth and sports minister, said the police actually had extensive power under the Prevention of Crime Act 1959 which enabled them to remand any criminal suspect.

He said even if a new law was to be formulated, it should not include the element of detention without a trial as this contravened the principles in the constitution.

In addition, Khairy said another important element that must be considered was the protection of the interest and safety of witnesses in criminal cases.

He said although witnesses were protected under the Witness Protection Act 2009, they still had to come forward to give testimonies which would lead to their identity being exposed.

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