Transparency International Malaysia (TI-M) has expressed shock over the discharge not amounting to acquittal (DNAA) of Deputy Prime Minister Ahmad Zahid Hamidi on 47 corruption charges in the Yayasan Akalbudi’s trial.
In a statement today, the corruption watchdog warned that a major concern is the perception of the public and the international community over the decision.
"Among the measures used in the global Corruption Perception Index (CPI) is the commitment to fight corruption and the due prosecution of corrupt officials.
"If we have a high-profile corruption case in the middle of a trial given a discharge particularly after the prosecution had proven a prima facie case, then it is very likely this will have a negative impact on the CPI scores for the nation," said TI-M president Muhammad Mohan.
He urged the government to expedite all institutional reforms and show its commitment to fight corruption by arresting and prosecuting those who have embezzled public funds.
"Without taking drastic action against the corrupt, it will be difficult for Malaysia to make a turnaround on the CPI scores and global ranking," he added.
TI-M also lent its voice to calls for the separation of roles between the attorney- general and the public prosecutor.
"Generally understood, the attorney-general acts as an adviser to the government of the day while the public prosecutor has a role to act independently in criminal cases in the best interest of the public to ensure that justice is served and criminal acts are punished.
"Having both these functions under one individual gives rise in some cases to a possible 'perceived conflict of interest' and thus TI-M repeats its call to the government to consider this institutional reform to separate these roles as soon as possible," said Ti-M.
Too technical
This discharge was made following the application by the prosecution to discontinue the trial against Zahid in line with the attorney-general’s powers under Article 145 of the Federal Constitution and Section 254 of the Criminal Procedure Code.
The group said that the decision comes as a shock to many Malaysians as this is a high-profile case and the prosecution had already established a prima facie case resulting from 99 witnesses being called to testify in court.
"The prosecution has given 11 reasons for making this application but they are too technical for ordinary Malaysians to understand.
"The Attorney-General’s Chambers (AGC) now has the responsibility to explain fully and frankly to all Malaysians why the prosecution took this decision instead of allowing the trial to continue its course until final judgment.
"Unless this shocking decision is properly explained, the people’s trust in the independence of the AGC could erode. It should also be noted that if no new charges are filed, the accused can apply for a full acquittal within the next few months," said Muhammad.
‘Unacceptable and unconvincing’
Meanwhile, the Kuala Lumpur and Selangor Chinese Assembly Hall (KLSCAH) also shared similar sentiments, saying the prosecution office must provide a sufficient explanation to the public for the DNAA verdict as it is “truly unacceptable and unconvincing”.
In a statement today, KLSCAH also asserted that it is imperative for the government to announce a timetable to implement prosecutorial independence to restore the people’s confidence in the independent operation of the judiciary.
“KLSCAH believes that the attorney-general’s position is a political appointment and should not concurrently hold both roles as government legal advisor and prosecutor with the power to charge and withdraw charges.
“The separation of powers among the legislative, executive, and judicial branches has become mere rhetoric. Therefore, rebuilding public confidence in judicial reform is essential.
“Ensuring that even with changes in political leadership, the judicial institutions will not favour any party in power and that the phenomenon of selectively charging or dropping charges against certain political figures does not persist is something the coalition government urgently needs to consider,” it said.
It also called for Prime Minister Anwar Ibrahim’s administration to give its assurance that the DNAA granted to Zahid is not to “test the waters” to release former premier Najib Abdul Razak.
“After all, Anwar promised a strict crackdown on corruption, but the verdict in Zahid’s case has undermined the confidence of the people and civil society in the government’s efforts to combat corruption,” it said.
It said the DNAA granted to Zahid resembled the past government’s selective prosecution or withdrawal of charges against some political figures, which ultimately appeared as a self-defeating move by the unity government. - Mkini
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.