Groups question AG’s powers

Groups question AG’s powers

24 Feb 2020

https://www.thestar.com.my/news/nation/2020/02/24/groups-question-ags-powers

PETALING JAYA: More groups have come out to criticise the decision by Attorney General Tan Sri Tommy Thomas (pic) to drop 34 charges against 12 Malaysians accused of being involved in the Liberation of Tamil Tigers Eelam (LTTE).

The Malaysian Youth Council (Majlis Belia Malaysia) said the wide powers granted to the AG under Article 145(3) of the Federal Constitution had led to uneasiness among the public.

“The AG should have shown his eagerness in promoting the rule of law by continuing with the prosecution instead of using his power to withdraw the charges. Isn’t it fairer for all sides if the trial goes on until a decision is reached?

“The charges are related to an organisation deemed as a terrorist group by Malaysia. Don’t Malaysians have the right to feel safe from any element that may pose a jeopardy to them?

“Justice must not only be done, but must be seen to be done, ” said its legal, advocacy and human rights bureau chairman Mohd Fared Mohd Khalid.

Withdrawing the charges, said Mohd Fared, had affected the image of the police as if the completed investigations did not meet the standards of the AG to the extent that these had to be dropped.

He said this would also give rise to a negative perception of the AG as many of those accused were from DAP.

“We urge the authorities to take immediate measure to reduce the powers of the AG so that the doctrine of separation of powers can be returned, ” he said, adding that this was also in line with Pakatan Harapan’s manifesto.

“Such powers made the AG the most powerful individual in Malaysia, ” said Mohd Fared.

Last Friday, Thomas announced the decision to drop the case against the 12, saying this was based on his discretionary powers under the Constitution after finding insufficient evidence that it would lead to a “no realistic prospect of conviction”.

The 12, including two DAP state assemblymen – Melaka state exco member G. Saminathan and Negri Sembilan assemblyman P. Gunasekaran – were detained under the Security Offences (Special Measures) Act 2012 (Sosma) and charged under Section 130 of the Penal Code for allegedly supporting terrorism and having links to LTTE.

They were detained by the Counter Terrorism Division on Oct 10 and 12 last year in various parts of the country.

On Saturday, Tan Sri Muhyiddin Yassin said the AG had no power under the law to interfere in the matters of the Home Minister, who had the right to include LTTE in the list of terrorist groups.

Umno vice-president Datuk Seri Khaled Nordin said the AG’s decision had given rise to various implications, especially when the prosecution had earlier argued against any bail for the accused.

“Such a decision would need the government to review its policy on counterterrorism in the country, ” he said, adding that possessing materials related to any terrorist individual, ideology or movement were against the laws in many countries, including Malaysia.

“The decision clearly goes against the global consensus on anti-terrorism and countering radicalism, ” he said in a statement.

Khaled added that the decision had also affected the competency and integrity of the police, and asked if this would see a review of other Sosma cases and other prosecutions related to the Islamic State and Jemaah Islamiyah.

https://www.thestar.com.my/news/nation/2020/02/24/groups-question-ags-powers

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