Attorney-General Tommy Thomas' recent move to drop charges against a tahfiz school administrator, accused of sexually abusing a student, has once again raised questions surrounding his prosecution powers.
Further questions were also raised against parties who in the past had called on Thomas (photo) to explain his actions, particularly in high-profile politically linked corruption charges, but remained relatively silent in this latest reported incident.
Lawyer Yusmadi Yusoff said Thomas is not legally bound to provide an explanation for his decisions. At the same time, he said it would be best for Thomas to clear the air on the tahfiz case, which had grabbed public attention.
"Given there is an element of controversy to this case, in order to ensure public's faith in the country's legal system, it would be better for the attorney-general or police to explain weaknesses of the case and reasons for the charge to be dropped," the PKR senator told Malaysiakini.
"The central basis of law is (ensure) the people's confidence towards the system.
"If confidence does not rise, then our legal system has failed," he said.
Human Rights Commission (Suhakam) Children Commissioner Noor Aziah Mohd Awal yesterday said the mother of a boy who was allegedly sexually abused in a tahfiz school is fully within her rights to commence legal action against the school’s administrator.
The statement was made after the Ipoh Magistrate's Court dismissed the victim's case on Oct 14, based on a reported directive from Thomas, despite previously recognising that an offence had been committed.
From a legal perspective, Yusmadi said the Attorney-General's powers under Article 145(3) of the Federal Constitution to pursue or drop charges, is applicable to all cases.
However, Yusmadi noted that more pressure was placed on Thomas to explain his decisions in politically-linked cases, including graft charges against Finance Minister Lim Guan Eng last year.
While Thomas had recused himself from representing Lim, critics, including from Umno, claimed his influence remained on a final decision to drop charges against the Bagan MP and businessperson Phang Li Koon.
The Attorney-General's Chambers’ appellate and trial division head Mohamad Hanafiah Zakaria, who was responsible for reviewing the charges against Lim, had said that the case would not have succeeded due to "weakened evidence".
"So the issue here is, the provision does not take into account the nature of a crime, but rather what evidence has been gathered.
"Nevertheless, we have to concede that there are certain cases with 'political colours' or in the public interest, particularly in this age of social media," Yusmadi (above) further said.
Yusmadi urged the AGC and the police to engage with Suhakam to uphold justice, particularly for the victim.
Echoing the stand, Malaysia Muslim Lawyer Association president Zainul Rijal Abdul Bakar said the public has a right to know the details surrounding a case of public interest.
"At the very least, the attorney-general must explain why he decided to drop the charges.
"He could perhaps say, for instance, there is not enough evidence, therefore, the prosecution cannot continue with the charge," said Zainul Rijal.
Meanwhile, Amanah Youth vice-chief Shazni Munir Mohd Ithnin said all parties, particularly Malay-Muslim NGOs who had called on Thomas to explain his past decisions, should take the same stand in the tahfiz school case.
"The student said to be a victim is not only a Malay-Muslim but also our 'child' whose dignity and rights must be protected," he told Malaysiakini.
Malaysiakini had attempted to reach out to parties who had previously spoken against Thomas' move to drop Lim's corruption charges. In this case, however, most of them reserved their comments, supposedly due to not having enough information on the case.
Among individuals contacted include Malay Dignity Congress chief executive
Zainal Kling, Isma president Aminuddin Yahaya, Perkasa vice-president Hassan Basri Muhammad and PAS information chief Kamaruzzaman Mohamad. - Mkini
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