Not Right To Classify Felony As Nfa

---

Many have voiced their utter frustration over the mind-boggling decision by the authorities to classify the acid attack on footballer Faisal Abdul Halim as no further action (NFA). Yes, it is just not right!
To begin with, the crime inflicted against Faisal (above) is not a misdemeanour or a lesser crime. On the contrary, it is a felony that carries stiffer penalties.
When any felonious crime is unduly classified as NFA in any country, something must be extremely wrong with the criminal justice system in such a country. It is not a good decision to attract foreign investors.
A criminal justice system is built on this trite principle, namely whenever a crime is perpetrated by anyone against anyone in the country, such a crime is being committed against the state.
ADSThat is why in criminal law, unlike civil actions, the state - and not an individual - will initiate any criminal action against any alleged criminal offender.
Why the state? The state has vast powers and resources at its disposal. For instance, the state has a police force to carry out the investigation and a prosecution institution to frame criminal indictment against anyone. It has a prison to incarcerate any convicted criminals or any other deterrent mechanism to deal with any criminal, whoever they are.
Many may not realise that criminal investigations, let alone tip-top and efficacious investigations, badly require enormous expenses to be borne by taxpayers, and every year such expenses are being presented and debated in Parliament.
Hence, when the police investigation of Faisal's case has not ended with the prosecution let alone a successful conviction of any alleged criminal offender, the taxpayers have every right to be pissed off or upset with the government of the day much less the government which is purportedly built on a reform agenda.
Are they wrong to be duly annoyed?
Shoddy investigation
It goes without saying that any shoddy and ineffective police investigation may lead to either the absence of or ineffective prosecution.
Ergo, the only logical conclusion that may be reasonably inferred when no culprit has been indicted in Faisal’s case would be, unfortunately, this: shoddy investigation.
In criminal prosecution, the state is represented by the prosecution. In our criminal justice system, the prosecutorial power is vested in the attorney-general.
As the roles of the AG as public prosecutor and the chief legal adviser of the government are not separated, many doubt the institution of the AG in our present system is truly independent.
In some countries, the law minister carried dual functions as a minister cum the AG, hence he or she is answerable in Parliament.
It is hoped the prime minister will take necessary action on this issue. Perhaps he should start by asking the AG to declassify the NFA.
HANIPA MAIDIN is a former deputy law minister.
The views expressed here are those of the author/contributor and do not necessarily represent the views of MMKtT.

---