Mat Zain Ibrahim,
Dear Editors,
My humble views on the “Call to separate the functions of the Attorney-General(AG) and the Public Prosecutor(PP) to different individuals.”
IT’S NOT THE CONSTITUTION,IT’S THE AG WHO’S AT FAULT
1.There is nothing wrong with our Constitution or the Laws concerning this subject matter.They have been functioning well for more than half a century, so there is no need to mend it.We should not blame the Constitution.Its the AG who has abused the powers conferred upon him several times over.Its the honesty of the person holding the post that matters.
Even if we were to separate the functions of the AG and the PP,there are no guarantees that either one or both of them will not abuse their powers.There’s no guarantee that the two appointees are not buddies,or even cousins or even blood brothers.Worse still if the two happened to have this “abang-adik” type of relationship.
It was not too long ago,when the Government split the Ministry of Home Affairs into two entities,with two separate Ministers and Ministries and all the stuffs.One can imagine how much of public funds that have gone to waste.A couple of years later for reasons best known to the Govt.they returned to the original arrangements.We don’t need another costly trial and error experiment such as this.We cannot afford it.
What we badly need now is a strong willed Government capable in enforcing the Rule of Law to the letter, and truly without fear or favour..What is right is right,what is wrong is wrong,exactly what was said by a senior Minister a week ago.The truth shall remain the truth,no one can change the facts!
If it is the AG himself who has committed a crime,so be it.He has to face the music like everybody else.He may be empowered, exercisable at his discretion to institute,conduct or discontinue any proceedings for an offence…but the Constitution never provided him with the powers to commit any crimes.We are equals. No one is above the law !.
This will serve as a deterrent to the next person to be given that privilege.
2.Stated below is the summary of evidence on the allegations made against the AG thus far.
Illustrations;
An underaged girl alleged she was raped by her boy-friend, she identified as ‘Male X’.The man denied her allegation vehemently and claimed that he doesn’t even know her, let alone have sex with her.Eventually she gave birth to a child. DNA tests prove that the child’s father is “Male X”.Can the man still deny he had sex with the girl, consented or otherwise,when the product of the act,i.e..the child is alive for all to see.
The issue here is not whether Male X was charged or would be charged later or not at all,but whether he did commit rape.In this instance it was proven that he did.
In the case of Tan Sri Abdul Gani Patail,he was alleged to have fabricated evidence in an investigation sometime in 1998.He denied vehemently ever being involved in such despicable act.However upon investigation by the MACC,one of the Independent Panel Members appointed to scrutinize the reports, discovered that he was involved in the criminal wrong doing as alleged.Can Gani Patail now deny that he ever fabricated the evidence when the products of the criminal act, in the form of 3 expert reports,65 pages in all, do exist for the public to see.In fact two of them were used in the RCI that followed..Just like “Male X” whose DNA was found on the child,Gani Patail’s “DNA” were found all over the fabricated documents,recorded by the Expert who was instructed to prepare all of them.
One wonders how the other two Independent Panel Members could have overlooked the fabricated documents, unless they were misled or the documents was concealed from them.For the benefit of the public,the Panel did not sit together to discuss the case like normally done by a Panel of Judges of the Court of Appeals or Federal Court..The Panel Members looked at the case individually and separately.
The Cabinet has to explain to the public,how they could clear Gani Patail from any wrong doing, when the evidence presented to them are crystal clear.The AG must be made to account for the 3 expert reports in question.Nevertherless,he must be accorded his fundamental rights to a fair hearing.The allegations against him are very very serious.
Still the issue here is not whether action has been taken,or would be taken at a later time or not at all against the AG.The issue is whether he did fabricate any evidence or otherwise.Based on the evidence that have been revealed thus far,we can conclude without any doubt, that he did.
I put in on record that I have warned the AG against doing it several times in October 1998 as I knew there would be “complications” later on.Now the more he try to cover-up the complications,the more complicated they become.One can lie to all the people sometimes, but he cannot lie to all the people All the time..
Regards.
Mat Zain Ibrahim.
26.09.2011
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