THERE is now a great urgency for the Malaysian Anti-Corruption Commission and the police to come under the purview of parliament.

The recent course of events where a former prime minister who has been convicted and presently serving a prison sentence, is now followed by another former prime minister charged with corruption and abuse of power.

In both these cases, the enforcement agencies only swung into action with indictments, after a change of government.

Allegations of selective prosecution and persecution are rife and have some credible relevance in view of the coincidental action linking the two former prime ministers to the said change of governments.

The criminal justice system cannot afford this indicative image of misuse, both in our sociopolitical landscape and on the international platform. 

We are in dire need for both our major enforcement agencies to become independent, accountable to parliament and totally subservient to the evidence gathered. The subservience to the executive must be eliminated or drastically reduced.

I am also of the opinion no enforcement agency be given prosecutorial powers, in view of the fact it weakens the checks and balances within the paradigm of separation of powers in the criminal justice system.

Fusing the first two limbs of the investigative and prosecutorial powers will lead to too much power in the hands of any enforcement agency. It will also not be in line with the spirit of the intended checks and balances within the criminal  justice system.

The separation of the public prosecutor from the attorney-general will go a long and effective way in enhancing these checks and balances. It is imperative this is implemented as soon as possible. 

The unity government must act swiftly in making this reform a priority, with our political landscape being so volatile.

Investigations and prosecutions carried out by the respective agencies must be consistent and proactive when it comes to responding to any credible evidence that is made available.

This is to ensure justice is served regardless of the position and influence of those in the corridors of power. – March 12, 2023.

* G. Selva reads The Malaysian Insight.

* This is the opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insight. Article may be edited for brevity and clarity.