Putting the cart before the horse with the RCI

Updated 7 years ago · Published on 22 Feb 2019 3:22PM · 4 Comments

ARE we putting the cart before the horse?

It is about time that we purge the judiciary of all rotten apples.

It is because of some of them that the justice system is unable to provide the required check and balance to the investigative and prosecutive arms. This is why we are unable to provide closure to cases like Teoh Beng Hock, Altantuya Shaariibuu, and others.

However, it is opined that we may have put the cart before the horse by setting up the Royal Commission of Inquiry without commencing criminal investigations first.

This is in relation to the serious allegation that some judges may have defrauded the government. It would seem that the basic ingredients of cheating are insinuated. And since there are police reports made, it is mandatory by law that the police or any other relevant enforcement agency commence investigations immediately.

This is also because no one is above the law. All are subject to the rule of law, whoever they may be. When a police report is lodged and offences are disclosed, the procedural law in the Criminal Procedure Code kicks in immediately and statements have to be recorded to ascertain the facts in issue.

Criminal investigations, when completed, will be of great assistance to any RCI. Thus, this procedure must be allowed to take its course and should not be circumvented by any person except the attorney-general. There is no exception whatsoever.

We must be mindful at this juncture that the allegations have yet to be proven and that initial investigations are prerequisite to either establishing evidence to the effect or showing otherwise.

Thorough investigation can pinpoint parts that are accurate and those that are false! It would be prudent not to jump the gun and assume that there has been judicial misconduct, however bad it may look without proper inquiries.

The whole concept of innocent until proven guilty demands it.

Once investigations are completed, they will be submitted to the attorney-general for his legal opinion and advice as compulsory by law. It is opined that only at this stage can the RCI be appropriate and effective.

At the moment we are treading uncharted waters in calling for a RCI without taking appropriate steps to investigate the allegations made. And like it or not, that must be carried out by either the police, MACC, or both, in view of the alleged offences disclosed.

These extraordinary investigations will be legally and exhaustively tested in the days to come. And when the procedure is airtight, coupled with strong evidence, then every one of the rotten apples can be identified and firmly dealt with, which includes prosecuting those who committed offences, regardless of who they may be.

And the charges will stick.

* G. Selva reads The Malaysian Insight.

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Comments

  • By your logic, these cases need to be tried before Courts comprising the very judges that are deemed to be corrupt, before an RCI can be constituted to examine their corruption.

    That is illogical. An RCI needs to be set up first, so judges who are alleged to be corrupt can be suitably disqualified from hearing cases emanating from the evidence revealed in the RCI.

    Posted 7 years ago by Arul Inthirarajah · Reply

  • Empty tin. Loud noises.

    Posted 7 years ago by Kheng Swee Goh · Reply

  • On the other hand, there is another aspect that should not be forgotten but be seriously considered ....... the investigative process itself.

    There were many cases whereby murder suspects had to be let go not because the judges were corrupt but because of flaws in the investigations. Judges even chided the investigating officers for their incompetence and it is a question mark whether the incompetence was deliberate.

    Many "hired killers" were caught but did PDRM went further to establish motives and catch the masterminds who hired them? There were many "contract" murders where the real culprits were never apprehended.

    Seems with money and power, we can buy PDRM's incompetency ......

    Posted 7 years ago by Malaysian First · Reply

  • Not to be tried first but evidence to be adduced first using all the tools of investigations. This will be effective in the rci. Uae the criminal justive system first.

    Posted 7 years ago by G.Selva Ganeson · Reply