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aws全区号( your colours to the mast



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I REFER to the recent call by the Pakatan Harapan presidential council for Attorney-General Idrus Harun to resign for his decision to withdraw the appeal against former Umno minister Tengku Adnan Tengku Mansor’s acquittal in his corruption trial.

I also refer to the recent article by Surenda Anath (a member of the Malaysian Bar) published on November 22, 2021, in Malaysiakini.

His article and the article by Bar president A.G. Kalidas are excellent examples of how politicised some people in the Bar have become.

Surenda’s article attempts to discredit an article by Muhammad Shafee Abdullah published in The Star, that quite rightly exposes Kalidas’s political bias in his criticism of the decision by Idrus to withdraw the notice of appeal, following the acquittal of Tengku Adnan (Criminal Trial No: WA-45-1-01/2019).

The presidential council, Kalidas and Surenda should be familiar with the matters that Idrus must take into account when deciding whether to exercise his discretion, granted to him in Article 145 of the Federal Constitution and subsection 376(1) of the Criminal Procedure Code.

What must be remembered is that, while Idrus does indeed have wide ranging discretionary powers, these powers must never be used flippantly without careful consideration of the factors that must be assessed.

The factors that must be considered are, inter alia, the following:

The strength of case;Public interest;Relevant decisions; and as a resultThe likelihood of success.

This is basic law. In exercising his discretion, the AG must not do so in ignorance or in spite of some or all of these factors.

I am certain the AG weighed them all up in forming the decision to withdraw the notice of appeal.

The most significant factor in this matter were the decisions.

Tengku Adnan was charged and convicted at Kuala Lumpur High Court, principally on grounds that the money paid to him was not a political donation.

However, this conviction was overturned, and in the Matter of the High Court of Malaya at Kuala Lumpur, Criminal Trial No: WA-45-1-01/2019, the majority of the appeal court bench was of the view that:

There was a non-direction and misdirection by the trial judge on the law and evidence;Tengku Adnan should have been discharged and acquitted.

Accordingly in the circumstances, the court intervened and quashed the conviction handed down by the high court.

In setting aside the conviction, the appeals court held that the money paid was indeed for a political contribution, and as such there was no offence committed.

The laws of Malaysia are clear on this point: it is not illegal to receive funds for political contributions.

In this regard, Malaysia is very different from other countries, where it may be an offence to receive contributions in excess of a set value. The most well-known example of this is the US.

However, the laws of Malaysia must be applied in this matter. In Malaysia, there is no such offence for receiving contributions for political purposes of any size.


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