Former A-G Tan Sri Abu Talib Othman says the Attorney-General must be matured and fair-minded in carrying out his duties. – The Malaysian Insider pic by Afif Abd Halim, September 13, 2014.
Pressure from some groups, rather than the strict application of the law, could be behind Tan Sri Abdul Gani Patail's move to frame sedition charges against opposition leaders and activists, says a former Attorney-General.
Former A-G Tan Sri Abu Talib Othman cited the example of Seri Delima state assemblyman R.S.N. Rayer, who was charged with two counts of sedition recently.
Talib pointed out that there was a lot of criticism against Gani when Rayer, the Penang assemblyman, was initially brought to court, but was not charged.
"There was a lot of reports lodged. There were also many negative comments against him (Gani)," said Talib who was the A-G between 1980 and 1993.
"Is it because there were quarters that asked him (Gani) to go (for failing to charge Rayer)? I don't know. Hopefully not," Talib told The Malaysian Insider.
He said following the outcry, not only was Rayer prosecuted, but also many other opposition lawmakers and activists.
"This should not be the case as the incumbent A-G, who is also a public prosecutor, should only act based on applicable law and evidence."
Talib said the Federal Constitution gave the public prosecutor the absolute discretion whether to institute, conduct or continue criminal cases but that must be exercised judiciously.
"It is your call based on evidence and applicable law, not at your whims and fancies or dictated by a third party," he said.
He said the position of A-G was an important appointment to the government.
"The A-G must be matured and fair-minded, not emotional," Talib said, adding that preferring a charge against a person was a serious matter as it would entirely change their lives.
"People will look at you differently even after you are acquitted," he added.
On August 27, Rayer, who is also a lawyer, was slapped with two separate sedition charges over his controversial "celaka celaka Umno" (damn damn Umno) remark which he had made on May 20 during the Penang legislative assembly sitting.
The second sedition charge was for repeating his "celaka" remark to a crowd during a Bukit Gelugor by-election ceramah at Jalan Delima on May 22.
Umno members staged a protest at the Penang state assembly when they stormed into the august house, looking for the assemblyman.
This was followed by protests outside the DAP headquarters in Pudu, Kuala Lumpur and at the DAP office in Kuantan, Pahang.
Rayer was supposed to be charged on June 19 but the Attorney-General Chamber's held back. No reason was given for the postponement.
Others who have also been charged with sedition included Padang Serai MP N. Surendran (PKR), Shah Alam MP and PAS central committee member Khalid Samad.
On September 2, Universiti Malaya law professor Dr Azmi Sharom was charged with sedition based on statements in an article over his comments about the 2009 Perak constitutional crisis which was published in a news portal on August 14.
Sabah politician David Orok was prosecuted under the same law on September 3 for allegedly insulting Islam and Prophet Muhammad in a Facebook posting two months ago.
A freelance public speaker Wan Ji Wan Hussein had pleaded not guilty on Wednesday for making a seditious statement which insulted the Sultan of Selangor, Sultan Sharafuddin Idris Shah, in a Facebook posting in November last year.
Those found guilty of sedition could face a fine of up to RM5,000 or a maximum jail term of three years, or both.
Elected representatives also risk losing their public office if the court imposes a fine of RM2,000 or more, or at least a year’s jail term.
Yesterday, human rights lawyer Edmund Bon said he was also being investigated for alleged seditious remarks made in an article in January.
Asked if it was appropriate for a public prosecutor to frame a charge much later after the alleged offence was committed, Talib said: "There is no limitation period for a criminal offence but it is not desirable to prosecute unless you have very clear evidence."
Former Perak menteri besar Datuk Seri Mohammad Nizar Jamaluddin is facing a criminal defamation charge for allegedly making disparaging remarks against Datuk Seri Najib Razak and the defence forces in April 2012.
Nizar was charged in a Sessions Court in Ipoh on August 25.
- TMI
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.