Although the key components of the Administration of Justice, namely the police, Attorney-General’s Chambers and judiciary are supposed to be independent, with different duties and responsibilities, however in many politically motivated cases, one or more of the bodies often act together no matter how absurd or unfair these charges maybe on the facts and settled law.
This persecution and blatant injustice in some of these cases, for example against opposition leaders Anwar Ibrahim, Karpal Singh, Rafizi Ramli, Tian Chua and many others should not come as a surprise as these cases should be seen in the broader context of systematic harassment and attacks on the opposition and their elected representatives, often employing the police, the AG’s Chambers and the Malaysian Anti-Corruption Commission.
The police and the AG’s Chambers often fail to act in a professional, fair and independent manner when dealing with the opposition and dissidents on political charges especially under the Sedition Act and Peaceful Assembly Act and will selectively and in bad faith target them while government leaders and others connected to them will be immune from investigation or prosecution even though they have done similar or worse offences.
It cannot be over emphasised that the police and the AG’s Chambers represent the State, the community at large and the interest of justice, and not the government of the day. The purpose of a criminal investigation and prosecution is not to obtain a conviction at all cost but to place fairly and independently before the courts all available evidence to what is alleged to be a crime. While the police and Public Prosecutor are not ultimately responsible for determining the guilt or innocence of an accused person, they must ensure that a suspect or an accused receives a fair investigation and prosecution.