Withdrawing Charges

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blogtunm.blogspot.com Tun M 1. The defence often claim that the charges brought against their client is politically motivated. If there is evidence that the charges are politically motivated, does that mean that the charges should be dropped.
2. What we are seeing today are charges directed at opposition personnel almost exclusively. But charges are withdrawn when the person involved is from the Government or in the Government.
3. As far as we can make out the people being questioned by the police are all from the opposition parties. Those from Government supporters breaking the rule against talking of the prohibited 3R seem to be free from police interrogation.
4. For example, talking about the problems of Malays invites police interrogation. But talking about the demands for the three races to be designated as the indigenous people of Malaysia do not attract police interrogation. Talking about multiracialism is as racial as talking about one race.
5. There is obvious discrimination here. And there are many other examples. While religion may not be talked about but the Government itself is introducing the study of 40 hadiths to the school. That is about religion.
6. A crime is a crime. It is for the judge to determine whether the accused is guilty or innocent based on the evidence presented.
7. But unfortunately judges are appointed by the Government. They may want to be free. But the public worries about the freedom of the judges.
8. But it is not just the judge. In Malaysia the AGC exercise a lot of power. It has the authority to send the case to the courts or it may decide not to. Effectively the AG can make a judgement on the case. The judge will not hear the case.
9. In a recent case the AG decided not only not to send the case to the court but he actually proved that there is prima facie evidence that there is a case for the defendant to answer. And the judge agreed.
10. Then suddenly the AG decided not to continue with the case. The judge has no choice but to discharge the accused. However, the judge decided not to acquit the accused. So the decision by the judge is discharge without acquittal.
11. This means that the accused may be guilty. But he is free.
12. This is unique. Perhaps there has been no such case anywhere in the world. The Malaysian judiciary has established a world record.
13. Malaysians should be proud. Or should they?

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