Between Authority And Wisdom

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 I received another Media Statement by my good friend former Minister Waythamoorthy. This time Waythamoorthy is challenging the pardon granted by the Agong (at that relevant time) to free a convicted criminal who was serving sentence in jail at that time.
But we can discuss the law and the practises or norms that are expected.
Nowadays another truth is being trampled into a lie. Truth because it is true. A lie because that particular truth appears to be trampled upon. I am talking about the frequently repeated "negara hukum" or a 'law abiding country'. We hear it so often 'kita adalah negara hukum'. We are a law abiding country.
The vast majority of the ordinary people are law abiding citizens. The everyday man in the street is a law abiding person. It is the everyday citizen or the rakyat marhaen who makes up the negara hukum. 
But there are those extremely very few people (usually powerful, well connected and very wealthy people) who appear to be quite above the law.  Powerful and very rich people have been discharged from corruption charges AFTER their defense has been called by the Court. Defense has been called means the Court is convinced the person is guilty. So he is told to defend himself, but the Court gives him an opportunity to cast 'reasonable doubt' that he is guilty. He is given the opportunity by the Court to shoot down the evidence presented against him.  
But we have seen cases where after the defense has been called, suddenly the entire charges against him are 'discharged' - not amounting to an acquittal but still discharged. How does that fit under the idea of negara hukum? Yes the law provides for the discharge but does that really serve justice? 
Is that what you mean by 'negara hukum'? 
Hukum jenis apa dan hukum untuk siapa?  And now there is another situation developing in Sabah. Much has been speculated. I will not speculate but we can see somethings for sure.
On two occassions now it has been reported that the Police have completed their investigations AND SUBMITTED THEIR FINDINGS TO THE AG. This means there are TWO separate Police investigations that have been completed (one by Sabah Police and the second one by Bukit Aman). 
TWO POLICE INVESTIGATIONS HAVE BEEN COMPLETED. 
Considering the incident happened on July 16th/17th its been a month. And yet no arrests have been made or the case dismissed as 'SUDDEN DEATH', 'ACCIDENTAL DEATH' etc. 
Is this considered part of negara hukum? Is this what you mean by law abiding country?
A few years back the King at that time exercised his authority to pardon the jail term of someone who was in jail. The king had the authority granted to him by the law. No one is questioning the king's authority. It is the law that grants the king his authority. 
But the king's wisdom is not endowed by Law. There have been questions raised not only about the wisdom of granting that pardon but also how it was carried out. This is also what Mr Waythamoorthy has raised in his media statement above. 
At that relevant time the media also reported the king as saying that he would indeed entertain the pardon application even before the pardons application had been submitted. It goes without saying that indeed the king will entertain any pardons application that reaches him after due process. But to an ordinary observer such an early statement would be tantamount to a presumption. Again to an ordinary observer it would appear that the king had made up his mind.  The king's authority cannot be questioned - it is granted by law. But whither the wisdom? Wisdom is indeed that most precious of all commodities. 
Forward to five years later. There was a hung Parliament. And another king at that relevant time exercised his authority granted by Law to resolve the forming of a government. It was the king's absolute prerogative. The king made a selection.
Of course the kings choice was not accepted by the parties who were left out. But now more time has passed. And considering the situation in the country since then the wisdom of that choice is being questioned by Waythamoorthy and others too. That is the luxury of hindsight. But today's hindsight was always someone's foresight of yesterday. 
Can it be argued that yesterday's foresight minus today's hindsight  = degree of wisdom? Or the lack thereof?
So the wisdom is to tighten up the Law. To define the Law clearly and precisely. To make the Law a certainty. But in reality does the Law apply equally to all people?  
The views expressed are those of the writer and do not necessarily reflect those of MMKtT.
By Syed Akbar Ali 

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