Kula: Poca board members must be elected, not appointed

Ipoh Barat MP warns that the board could become the 'long arm' of the ministry if powers are only 'theoretically' transferred.

PETALING JAYA: The board appointed to decide the fate of detainees under the Prevention of Crime Act 1959 (Poca) should comprise elected members, an opposition MP said today.

M Kulasegaran said however that this was far from the current practice as the board which revoked, suspended or extended detention orders was not appointed by members of the public or the Dewan Rakyat.

“It was appointed by people in the police force and Zahid,” he said, referring to Deputy Prime Minister Ahmad Zahid Hamidi.

“Obviously they will not appoint members of the opposition or people who are against preventative detention,” he told FMT.

Earlier today, Zahid slammed those against Poca, claiming that the amendments would be manipulated by “so-called people who are defenders of human rights”.

He said such people were actually “wolves in sheep’s clothing who are protecting criminals”.

Zahid, who is also the home minister, added that the power to sentence a detainee lay with the board, not the minister.

However, Kula said the transfer of power from the minister to the board might be only theoretical, and that the board itself could become “the long arm of the ministry”.

He added that in many parts of the US, judges were elected.

Kula, who is also a lawyer, said if Zahid did not want lawyers to represent certain cases, the minister should have brought amendments to Poca stating that lawyers should not represent so-called “alleged bad hats”.

In defending criminals, he added, lawyers were not condoning the crimes.

“In fact, we tell clients to tell the truth and turn over a new leaf,” he said.

Kula said it was the duty of a lawyer to defend “everyone and anyone”, whether the person had committed a crime or not.

“Everyone is innocent until proven guilty.

“This is a man-made law, not a God-made law. There will always be the element of mistake and grey areas.”

The Ipoh Barat MP cautioned that Poca could also be used to cover up inefficiencies in the system, and said it was a draconian law which should be done away with. - FMT