The Attorney-General: Indolent, Incompetent, Invidious
by Harun Rashid
August 2, 2000

In Malaysia the Attorney-General is given absolute discretion in his role within the judiciary system. Such power calls for superior diligence to duty, a keen knowledge of the law, and a dedication to protect the public interest in the rule of law. The judiciary system in Malaysia is a shambles.

Anwar Ibrahim, in the course of his lengthy trial has alleged a conspiracy within the government to falsely accuse him. The conspiracy is said to include the prime minister, the inspector-general of police, the attorney-general, and various judges, including the chief justice himself. This in itself is a large conspiracy, but Anwar goes further. He includes various other ministers and officers of the government.

That such a conspiracy might actually exist invites speculation as to its origins, and the role of each of the conspirators. The Attorney-General of Malaysia, observed objectively, appears indolent, incompetent and invidious.

The duties of his office require that he demonstrate diligence in the identification of instances in which a breach of the public peace has occurred. The preparation of charges, based on competent police investigation, allows criminal acts to be brought before the courts. On a number of occasions there are no charges brought. This is inexplicable other than to conclude indolence. This is perhaps explained by the presence of laws which allow detention without trial, presenting him leisure to act as time between vacations may allow.

The investiture of the Malaysian Attorney-General with full discretionary powers implies that the office will always be filled by a person with wisdom and character. Such broad powers require integrity and knowledge in matters of law affecting the public interest he is bound by oath to protect. To give one man such responsibility requires a complementary authority, but in Malaysia this authority is absolute.

At the disposal of the Attorney-General are the officers of the secret police, the dreaded Special Branch. In Malaysia, as in other countries of the Commonwealth, these officers have been shown by those brought under their charge to use the suspect as a primary source of information upon which to base the charges to then be brought against him. Where sufficient information to ensure conviction is not readily forthcoming, they do not hesitate to use excessive methods of extraction, to the extent of deriving signed blank confessions capable of endless amendment. To these standard practices of Special Branch investigation Malaysia adds creative touches of its own.

Malaysia has become fond of erecting firewalls in the judiciary system, such that a law, once enacted cannot be examined for amendment. This represents a serious perversion of parliamentary procedure. It is the existence of such un-amendable laws in the hands of an Attorney-General failing to recognize the crucial role he plays in upholding the rule of law which contributes much to the failure of Malaysia's judicial system, and further, renders it beyond repair. That he does not recognize this difficulty, and does nothing to either address or consult in an attempt to improve the problem, renders the Attorney-General vulnerable to suspicion of incompetence.

While delay in presenting cases in a timely manner might be explained by indolence, and a total failure to act in egregious cases can be attributed to incompetence, how does one account for cases in which a zealous prosecution occurs in a timely manner when allegations of forced confession and perjury by unbelievable witnesses suggests a potential for manufactured evidence. Selective prosecution of political opponents is in itself invidious, but that the Attorney-General of Malaysia, in his high office, should lend himself to prosecution based on false evidence is nothing less than the felony of malicious prosecution, which not only shames and disgraces his office and his nation, it is unacceptable cruelty to the victims, and exposes Malaysia to the opprobrium of the world.

In other countries where the rule of law has disappeared, the scorn of the international community has endorsed a proscription of investment and refusal to purchase goods manufactured in the offending country. International funds with a social conscience avoid investment in countries which fail in giving respect for human rights, as South Africa found during the last days of apartheid. Malaysia has largely escaped censure, but condemnation is sure to come, with concommitant consequence.

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