5262 Perception Of Our Justice System The Star 06 01 2021

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From breaches of the movement control order to theft of public funds, the general feeling among Malaysians is that the well-heeled and well-connected seem to get away with such offences easily.
IT may be a cold, wet start to 2021 but the heat is rapidly rising in our ever-sweltering political scene amid the unveiling of a sizzling new scandal involving the smuggling in of questionable quality meat and labelling it as halal.
The well-connected syndicate has allegedly been bribing senior officers from the Customs Department and several government bodies to import meat from non-halal certified slaughterhouses in China, Brazil, Bolivia, Canada, Colombia, Spain and Mexico.
Avoiding stringent inspection at ports, the cartel would transport the meat, including kangaroo, horse and other kinds of dubious or low-grade flesh, to warehouses where it would be mixed with halal-certified beef and repacked with fake halal logos before being distributed to retailers.
This outrageous malfeasance has apparently been going on for more than 40 years.
Based on news reports, corrupt top officials from at least four government agencies had been bribed with cash and sexual services to look the other way or facilitate the entry of the tainted meat without checks. Operators of the racket used proxy companies to avoid being identified directly.
According to Malaysian Muslim Consumers Association head Datuk Nadzim Johan, the syndicate had even convinced officials at the policy-making level that it was cheaper to import beef than produce it locally.
He called for a revamp of rules in awarding approved permits to frozen meat importers to ensure that there was no abuse of the permits.
Federation of Malaysian Consumers Association (Fomca) president Datuk Dr N. Marimuthu called for a total review of Malaysia’s food safety procedures, saying the meat scandal was a wake-up call for more emphasis on both the security and safety of food.
Under existing rules, imports of certified halal meat and meat products are only allowed from Australia, Argentina, Brazil, India, South Africa, Pakistan, Japan, New Zealand and the United States with
the Department of Islamic Development Malaysia (Jakim) and the Veterinary Services Department overseeing the process.
A special police team comprising three units from Bukit Aman has begun investigating the matter. The scope of the probe will cover the companies and agencies involved in the acquisition of the questionable meat, smuggling, storage and those who abetted in the operations.The Malaysian Anti-Corruption Commission (MACC) is also conducting its own investigation. On Sunday, MACC nabbed four persons, including directors of two companies involved in the import of frozen meat in Johor Baru. They have been remanded until tomorrow.Last week, the husband-and-wife team of directors of a meat supply firm pleaded not guilty in the Johor Baru Sessions Court to charges of using the halal logo without certification by the authorities on two lorries used to transport meat.
With CID director Datuk Huzir Mohamed’s confirmation that the cartel comprises a massive network operated both locally and abroad, we can expect more arrests soon.
But, as what has become a predictable pattern in the country, would the dragnet end up catching only the small fry and letting the sharks go free?
Over the past year, we have seen how the well-heeled and politically well-connected seem to avoid prosecution and jail – for offences ranging from breaches of the movement control order to grand theft of public fund involving billions. Or having their cases dropped through decisions of granting discharges not amounting to acquittals.
A recent study titled “Bribery and corruption: Assessing the fairness of the Malaysian judicial system” is yet another warning about the perceived state of our judiciary.
The research by Houqe Muhammad Nurul, Zahir-ul-Hassan Muhammad Kaleem (Massey Business School, Massey University, NZ), Idrus Mohammad Arif (KPMG, Houston, US) and Tony van Zijl (Victoria Business School, Victoria University of Wellington, NZ) assessed the fairness of the Malaysian judicial system in cases pertaining to bribery and corruption based on 1,869 court cases between 2006 and 2013.
It was done beyond the empirical impasse in studying differences in sentencing outcomes and punishments meted by the courts. Prior studies in this area have mostly focused on critical analysis or questionnaire surveys of offenders.
The results, published in January last year, suggest that in the Malaysian judicial system, sentencing, in the form of fines and imprisonment appears to be significantly influenced by the offenders’ social, political and personal characteristics.
The results also suggest that compared to other offenders, white collar criminals receive lesser punishment in terms of fines and jail time.
While generally, the decision-making processes of the judges are highly influenced by variables such as severity of the crime, prior conviction and plea, there are also many extralegal variables that are influential in the process, including age, gender, education and the political affiliation of the offender.
The researchers said their findings showed that offenders who have favourable political connections and those who are employed by the government are more likely to receive comparatively lenient punishment by the courts.
The study also revealed that if corruption is the abuse of entrusted public authority for private gain, offenders are even able to entrench such abuse of authority in the justice system and receive lenient treatment.
In other words, they not only abuse their power before and while committing the crime, but also after the judicial process because they escape appropriate sentences.
As highlighted by the study, this systematic and consistent unfairness undermines public confidence in the judicial system and its ability to maintain equal justice.


Article by: The Star
PERCEPTION OF OUR JUSTICE SYSTEM
https://www.thestar.com.my/opinion/columnists/along-the-watchtower/2021/01/06/perception-of-our-justice-system

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