Our Attorney General is perceived to be 'Almost God' in terms of his wide powers in prosecution under the law. He can literally decide who should go to jail and who should not, and in some cases, who should die if charged under the law which carries the death penalty. Yet, in a statement which surprised many in terms of limitation of powers, but not surprising in terms of his bias towards BN leaders, he is passing the buck to the Bar Council!
For someone who is good at taking quick actions against opposition leaders and anti-government NGO leaders, and appealing when judgments were in favour of them, his claim of 'no power' in connection with Bala's SD2 is circumspect. With many instances of selective prosecution or inaction to suit the ruling coalition, the AG's credibility must be at an all time low.
Two opposition MPs, both lawyers (one from DAP and the other from PKR), have condemned his reluctance to act in the cause of justice.
According to reports from Malaysia Chronicle...
AG's claim he is powerless to probe Bala's SD2 is "NONSENSE" - Gobind
"As Attorney General, he has a discretion under Article 145(3) of the Federal Constitution to 'institute, conduct or discontinue' any proceedings for an offence. Implicit in this is his responsibility to be alert to new facts and circumstances which would impact upon any ongoing prosecution and appeal.
Is he saying that where new evidence comes up during or even after a prosecution or appeal showing that others may be responsible for the crime or that important witnesses have been kept away, he is under no obligation to make further inquiries to be certain of his facts?
Is our Attorney-General so powerless so much so that he has to remain quiet, shut his ears and eyes and fold his arms and do absolutely nothing in such circumstances?
With respect, to me that would be a failure on part of the Attorney- General to ensure that justice is done.
The Attorney General not only has the power to direct further investigations in such circumstances, but is duty bound to do so where the need arises in all criminal prosecutions especially where the offences carry the death penalty."
GOBIND SINGH DEO
MP Puchong
Source:
http://malaysia-chronicle.com/index.php?option=com_k2&view=item&id=74601:ags-claim-he-is-powerless-to-probe-balas-sd2-is-nonsense-gobind&Itemid=2
No power to probe Bala's SD2? Sivarasa debunks AG's claim as "classic intellectual DISHONESTY"
"As a lawyer supposedly well versed in the Penal Code, he should know we are talking here about the involvement of Najib, Cecil Abraham and others including Najib's brother Nazim Razak in the commission of the criminal offence of fabricating false evidence - sections 192 to 203 of the Penal Code spell out the details. Najib as an alleged principal is liable to 7 years jail. The others are also principals and also aiders and abettors of the offence.
The AG should not avoid the central issue here of criminal conduct which is entirely within his jurisdiction and make silly comparisons with what the Bar Council will do.
He should know that all the Bar Council can do in terms of Cecil Abraham's conduct is to lodge a complaint with the Discipline Board which then conducts an investigation. The Bar Council has no other power..."
More:
http://malaysia-chronicle.com/index.php?option=com_k2&view=item&id=74591:no-power-to-probe-balas-sd2?-sivarasa-debunks-ags-claim-as-classic-intellectual-dishonesty&Itemid=2
Update:
The Malaysian Insider: A-G has no power, desire, guts or clearance? — Ravinder Singh
http://www.themalaysianinsider.com/sideviews/article/a-g-has-no-power-desire-guts-or-clearance-ravinder-singh/
Link
For someone who is good at taking quick actions against opposition leaders and anti-government NGO leaders, and appealing when judgments were in favour of them, his claim of 'no power' in connection with Bala's SD2 is circumspect. With many instances of selective prosecution or inaction to suit the ruling coalition, the AG's credibility must be at an all time low.
Two opposition MPs, both lawyers (one from DAP and the other from PKR), have condemned his reluctance to act in the cause of justice.
According to reports from Malaysia Chronicle...
AG's claim he is powerless to probe Bala's SD2 is "NONSENSE" - Gobind
"As Attorney General, he has a discretion under Article 145(3) of the Federal Constitution to 'institute, conduct or discontinue' any proceedings for an offence. Implicit in this is his responsibility to be alert to new facts and circumstances which would impact upon any ongoing prosecution and appeal.
Is he saying that where new evidence comes up during or even after a prosecution or appeal showing that others may be responsible for the crime or that important witnesses have been kept away, he is under no obligation to make further inquiries to be certain of his facts?
Is our Attorney-General so powerless so much so that he has to remain quiet, shut his ears and eyes and fold his arms and do absolutely nothing in such circumstances?
With respect, to me that would be a failure on part of the Attorney- General to ensure that justice is done.
The Attorney General not only has the power to direct further investigations in such circumstances, but is duty bound to do so where the need arises in all criminal prosecutions especially where the offences carry the death penalty."
GOBIND SINGH DEO
MP Puchong
Source:
http://malaysia-chronicle.com/index.php?option=com_k2&view=item&id=74601:ags-claim-he-is-powerless-to-probe-balas-sd2-is-nonsense-gobind&Itemid=2
No power to probe Bala's SD2? Sivarasa debunks AG's claim as "classic intellectual DISHONESTY"
"As a lawyer supposedly well versed in the Penal Code, he should know we are talking here about the involvement of Najib, Cecil Abraham and others including Najib's brother Nazim Razak in the commission of the criminal offence of fabricating false evidence - sections 192 to 203 of the Penal Code spell out the details. Najib as an alleged principal is liable to 7 years jail. The others are also principals and also aiders and abettors of the offence.
The AG should not avoid the central issue here of criminal conduct which is entirely within his jurisdiction and make silly comparisons with what the Bar Council will do.
He should know that all the Bar Council can do in terms of Cecil Abraham's conduct is to lodge a complaint with the Discipline Board which then conducts an investigation. The Bar Council has no other power..."
More:
http://malaysia-chronicle.com/index.php?option=com_k2&view=item&id=74591:no-power-to-probe-balas-sd2?-sivarasa-debunks-ags-claim-as-classic-intellectual-dishonesty&Itemid=2
Update:
The Malaysian Insider: A-G has no power, desire, guts or clearance? — Ravinder Singh
http://www.themalaysianinsider.com/sideviews/article/a-g-has-no-power-desire-guts-or-clearance-ravinder-singh/
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