WITHDRAWING CHARGES

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 But charges are withdrawn when the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?