Oleh: Ariff Azami Hussein
Salam,
It's common for a layman to be afraid of the authorities. Stories and hearsay information about ordinary people being "tortured" or mistreated are prevalent among us. It is not because they have done something wrong, suffice for me to say its because the record speaks by itself.
The MACC is not excluded from this, moreover the issue of the death of Beng Hock is still fresh in our minds. Let's face it, among all the authorities, the MACC is the most equipped with legally approved "tools" that they can use in their investigation and also in the prosecution stage. That's why I personally rate MACC as the most powerful authority in 1Malaysia (after the PM and the first lady).
Many provisions contained in the new MACC act and also the old ACA act are contradictory with normal criminal procedure which conforms with rule of natural justice. Take for instance the presumption that a person who received money, is presumed to receive it corruptly. Under MACC act also, the accused must disclose his defence in the cautioned statement which is still admissible during trial stage. Worse is yet to come; under the new act, the defense now has to provide to the prosecution the defense statement and documents intended to be tendered by the defense (similar to Section 51A CPC). That's why, corruption cases are similar to sexual cases whereby it's so easy to accuse but so difficult to rebut. But then at least in sexual cases, corroboration is required as a matter of practice and prudence, whereas there's no such requirement in corruption cases.
Thus, when I was asked to investigate the reason for MACC officers conducting "a friendly visit" to YB Rodziah's office, I was left in the dark. When I arrived in SUK building, together with fellow lawyer Salim Basheer, we proceeded to a meeting room to "plea bargain" or "nego" with the MACC.
Suprisingly, what transpired next was totally in contrast of what I've expected. I've been informed that they came to seize certain documents and were quite adamant to achieve that. But, after I cross examined them with few loaded questions and cornered them, they "change" their stand to just coming "to test the water". They admitted that did'nt comply with the requirement of notice and there and then fill up the notice and serve it personally. Imagine what they could have done without lawyers being present?
For me its simple, its just being courteous and having understanding and mutual respect to each other. Lawyers need not have to resort to prebet adam or braveheart style all the time, (confrontational style) with every people. Some common sense is needed here. However prejudiced you are against the authorities (they are being selective and applying different standard towards different groups), the bottom line is; they are just doing their job. That's why the last 5 minutes or so was filled with chit chatting about their problems and grouses. Having said that; I was also doing my job as a lawyer. It did'nt stop me from telling them with my jurus sniper that they are not complying with the law and by simple words, they are not welcomed and please go back. Come again when you are ready to face me. Wassalam.
It's common for a layman to be afraid of the authorities. Stories and hearsay information about ordinary people being "tortured" or mistreated are prevalent among us. It is not because they have done something wrong, suffice for me to say its because the record speaks by itself.
The MACC is not excluded from this, moreover the issue of the death of Beng Hock is still fresh in our minds. Let's face it, among all the authorities, the MACC is the most equipped with legally approved "tools" that they can use in their investigation and also in the prosecution stage. That's why I personally rate MACC as the most powerful authority in 1Malaysia (after the PM and the first lady).
Many provisions contained in the new MACC act and also the old ACA act are contradictory with normal criminal procedure which conforms with rule of natural justice. Take for instance the presumption that a person who received money, is presumed to receive it corruptly. Under MACC act also, the accused must disclose his defence in the cautioned statement which is still admissible during trial stage. Worse is yet to come; under the new act, the defense now has to provide to the prosecution the defense statement and documents intended to be tendered by the defense (similar to Section 51A CPC). That's why, corruption cases are similar to sexual cases whereby it's so easy to accuse but so difficult to rebut. But then at least in sexual cases, corroboration is required as a matter of practice and prudence, whereas there's no such requirement in corruption cases.
Thus, when I was asked to investigate the reason for MACC officers conducting "a friendly visit" to YB Rodziah's office, I was left in the dark. When I arrived in SUK building, together with fellow lawyer Salim Basheer, we proceeded to a meeting room to "plea bargain" or "nego" with the MACC.
Suprisingly, what transpired next was totally in contrast of what I've expected. I've been informed that they came to seize certain documents and were quite adamant to achieve that. But, after I cross examined them with few loaded questions and cornered them, they "change" their stand to just coming "to test the water". They admitted that did'nt comply with the requirement of notice and there and then fill up the notice and serve it personally. Imagine what they could have done without lawyers being present?
For me its simple, its just being courteous and having understanding and mutual respect to each other. Lawyers need not have to resort to prebet adam or braveheart style all the time, (confrontational style) with every people. Some common sense is needed here. However prejudiced you are against the authorities (they are being selective and applying different standard towards different groups), the bottom line is; they are just doing their job. That's why the last 5 minutes or so was filled with chit chatting about their problems and grouses. Having said that; I was also doing my job as a lawyer. It did'nt stop me from telling them with my jurus sniper that they are not complying with the law and by simple words, they are not welcomed and please go back. Come again when you are ready to face me. Wassalam.
(petikan asal di loyarberjurus.blogspot.com)
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