Ambiga Senses Betrayal

 

Here is something quick from Murray Hunter here.  Do click on the link because there is a short video featuring Dato Ambiga Sreenivasan and Siti Kassim. 

Human rights lawyer Ambiga Sreenasan after giving a statement to Bukit Aman police over her attendance at the Dark Forces book launch back on 17th September 2022, made a statement together with her fellow lawyer Siti Kasim who was also called up by the police.

Ambiga claims that the Unity Government has done a deal with UMNO (Ahmad Zahid Hamidi) to investigate and persecute former attorney general Tommy Thomas, over his role in prosecuting top UMNO politicians.

Ambiga claims this is a clear abuse of power and what else did .. give away to UMNO to form the government.

Siti Kasim added this is suppression of freedom of expression and curbing of citizens’ rights.  

 

My Comments :

My regards to Ambiga Sreenivasan whom I have not met for some time. I was not at the Dark Forces book launch on 17th September 2022 but that night I did attend dinner with some folks who attended the launch. But Ambiga could not make it to that dinner.

First things first.  The Federal Constitution (Article 145) protects the Attorney General from any prosecution or from having to answer for any of his actions in the course of performing his duties as the Attorney General.  

If he is not protected by Law under the Federal Constitution then no one will want to become the Attorney General. 

If indeed there is an attempt 'to investigate and persecute former attorney general Tommy Thomas, over his role in prosecuting top UMNO politicians'  it suggests that the Attorney General does not have the legal immunity under the Federal Constitution anymore. 

Article 145 of the Federal Constitution of Malaysia outlines the role and scope of duties of the  AG. Of particular interest are Articles 145(2) and(3) which read as follows:

(2) It shall be the duty of the Attorney General to advise the Yang di-Pertuan Agong or the Cabinet or any Minister upon such legal matters, and to perform such other duties of a legal character, as may from time to time be referred or assigned to him by the Yang di-Pertuan Agong or the Cabinet, and to discharge the functions conferred on him by or under this Constitution or any other written law.
(3) The Attorney General shall have power, exercisable at his discretion, to institute, conduct or discontinue any proceedings for an offence, other than proceedings before a Syariah court, a native court or a courtmartial.

However in quite a landmark case at the Federal Court in April 2021, where the 'appellant' was  a very old acquaintance of mine - N Sundra Rajoo from Gaol Road in Penang, the Federal Court seems to have watered down the Attorney General's prosecutorial powers.

PUTRAJAYA: The Federal Court today ruled that the former director of the Asian International Arbitration Centre (AIAC), N Sundra Rajoo enjoyed immunity from prosecution for acts done in that capacity.

Chief Justice Tengku Maimun Tuan Mat, who chaired a seven-member bench, also said that the prosecutorial power of the attorney-general was not absolute and could be judicially reviewed in appropriate circumstances.

But doesnt this then open up a huge can of worms for the future?  If Tommy Thomas can be  "investigated and persecuted"  then what about all other AGs?

What about an AG who decided that there was no case to prosecute Najib Razak? Can you 'invstigate and persecute' him for his ommissions?

And who is the AG now? To the incumbent AG, how sure are you that some day in the future (or when this government also falls - which it will for certain) you also will not be 'investigated and persecuted'  for whatever it is you have or have not done in the course of your work now?  

Jangan main-main tahu.  The slope can get very slippery really very quickly. The occupational hazards of being an Attorney General can become seriously detrimental to your well being.

Lets get back to Ambiga's and Siti's statements in the video. Surely Ambiga senses a betrayal of what was dished out by you-know-who before GE15. Actually from the late 1990s. 25 years or a quarter century of screaming injustice, cruelty, oppression, conspiracy bla bla. One of the many fellows who never bought that load of bull was yours truly.  I could see through and can still see through the b.s. which has filled his pie even after it was burnt to a crisp in the oven. They are still dishing it out.

Now only two things matter to these fellows - securing the Malay vote in the coming elections in SIX states (Kedah, Penang, Selangor, Negeri, Kelantan and Terengganu). And facing those 47 criminal charges hanging over that fellows head. 

If the Malay vote can be secured, then the old promises, the raison d'etre of 25 years, Ambiga and Tommy Thomas become specks on the horizon. 

The views expressed are those of the writer and do not necessarily reflect those of MMKtT.