DOES PUBLIC COURT NOW SUPERCEDES JUDICIAL COURT?

DOES PUBLIC COURT NOW SUPERCEDES JUDICIAL COURT?

GERAKAN NATIONAL PRESIDENT
DATUK DR DOMINIC LAU HOE CHAI 

 14 JANUARY 2020


Datuk Dr Dominic Lau Hoe Chai, Gerakan’s National President is questioning the manner the nine audio recordings of conversations by former PM, Dato’ Seri Najib Razak were released by the Malaysian Anti-Corruption Commission (MACC) which is subjudice when the related trial is still ongoing and non-conclusive.

“Since taking over, the PH Government has been clamouring about the need to follow the Rule of Law. Yet, what we see today iscontradictory. Where is the proper Rule of Law?  Does MACC no longer trust the police and the judicial court?” he questioned.

MACC, he added, has set a precedent where a public court now supercedes judicial court. Any individual in the future accused can be hauled to the public court without being first found guilty by the judicial court and not needing to go through the due legal process.

“We applaud the works of the team at MACC, don’t get us wrong. But there is a need to follow due legal process,” he noted.

What then is the role of the Judiciary? What happened to one of the most sacred principles in criminal justice system of holding that a defendant is innocent until proven guilty and that the prosecution must prove, beyond a reasonable doubt, each essential element of the crime charged?

“Everyonehas the right to defend himself/herself in the court. It is dangerous for MACC to set such a precedent as this opens up every citizen of Malaysia to trial by public rather than trial by the judicial court,” Datuk Dr. Dominic Lau lamented.

“We are not defending our former premier Najib Razak, we are defending the Rule of Law and that proper legal process must be seen to have been fairly conducted,” he said.

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