How should Malaysia’s broken prosecutorial system be improved? (Part - 5)
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- Опубликовано: 26 ноя 2024
- “Errata:
At (8.23) the leader of the opposition is portrayed as Tan Sri Muhyiddin Yassin. We apologize for this error. The current Opposition Leader is Dato’ Seri Hamzah Zainudin.
The Malaysian prosecutorial system is unquestionably in need of reform and improvement. The current structure, where the Attorney General's Chambers is part of the government, leads to significant challenges when it comes to prosecuting alleged corrupt politicians. This lack of independence undermines the credibility and effectiveness of the system.
The origins of this system can be traced back to Malaysia's historical ties to the United Kingdom, where both the Attorney General (AG) and the Solicitor-General (SG) are politicians and members of Parliament. However, in the UK, the Director of Public Prosecutions (DPP) operates independently of the government and the AG, ensuring a degree of separation and impartiality. In Malaysia, there is no such failsafe system, leading to concerns about the independence of the prosecutorial process.
To address this issue, Malaysia can look to the example of Fiji, which follows a similar UK-based system but with crucial differences. In Fiji, the Director of Public Prosecutions (DPP) is appointed by the President based on the recommendation of an independent body, the Judicial Services Commission (JSC). The DPP in Fiji is a career officer with a fixed term of seven years and enjoys security of tenure. Importantly, the DPP is not a politician and does not report to the government or the Attorney General. This system ensures the DPP's independence and has been upheld by the Judicial Committee of the Privy Council.
To emulate the Fijian system, Malaysia should focus on improving the existing structure rather than reinventing it. The goal should be to ensure that the Public Prosecutor (PP) cannot be controlled by the Malaysian government or Parliament. Instead, the PP should report directly to the King and the Conference of Rulers, necessitating a new constitutional framework.
The ideal candidate for the PP position should possess certain characteristics, including fearlessness in defending the Federal Constitution, integrity, independence, impartiality, and the strength of character to resist pressure.
The appointment process for the Public Prosecutor should involve the King, who appoints the PP on the advice of an independent Judicial Appointments Commission. This commission's members should be appointed by the King, following consultation with the Prime Minister and the Leader of the Opposition, in consultation with the Conference of Rulers. Currently, the King appoints them based on the advice of the Prime Minister, without input from the Opposition Leader, which is a critical issue.
To implement these changes, amendments to the Federal Constitution are necessary. The prosecutorial duties and functions currently vested in the Attorney General should be transferred entirely to a new Office of Public Prosecutor, which operates independently of the Attorney General's Chambers. These amendments should ensure that the Public Prosecutor is not subject to the direction or control of any other person or authority, except by a court of law. The PP should have exclusive authority over all criminal proceedings, an independent budget, the power to appoint staff, and security of tenure with a fixed seven-year term. Crucially, the PP should not be a politician and should not report to the ruling government or the Attorney General.
In conclusion, reforming the Malaysian prosecutorial system is essential to ensure its independence and effectiveness. Emulating the Fijian model by establishing an independent Public Prosecutor's office, securing appointments through an impartial commission, and amending the Federal Constitution are crucial steps toward achieving a more transparent and accountable prosecutorial system in Malaysia. These proposed changes aim to protect the rule of law, uphold the Federal Constitution, and enhance public trust in the country's legal processes.
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Excellent
Thank you
A very Good Morning GK .Your critical analysis of the prosecutorial system in Malaysia is exemplary and indeed very timely too . I fervently hope the Law Minister and the higher authorities currently reviewing the system are listening.I have been reading all your 5 parts on the subject to this date and I find them important and very valuable indeed. I like to record my thanks and appreciation for your hard work.
Many thanks Mr Nadarajan for your kind words.
This is the answer to all our major problems. Thank you GK
Thank you. Took 4 earlier videos to get here
The Fijian model should be implemented to allow the Public prosecutor the independency to be impartial
Your explatoon I agree that this could be an answer to the broken system
Thank you Mr Manu Gohil
Underminding attitudes , how come outing AG make a curial decision as DNAA for a Very high profile sensitive case sensitive . I think system cannot be broken it the abuse of power given to obvious reasons to parties concerns. Simple as that..Well said Sir..
Thank you Sam for your view
Thank you sir, good discussion on the subject
Thank you Faizal
💝💝💝
Yes totally agreed. I really hope we still have fair minded MP that will strive towards improvement of our broken justice system.
Thank you for your views Din
We hope they get their act together, instead of saying “we have no money”.
Tujuan Discharge Not Amounting Acquitant (DNAA) adalah untuk tangguh kes sehingga bukti cukup untuk meneruskan pendakwaan atas sebab tidak boleh mendakwa seseorang lebih SATU kali untuk kesalahan yang sama di bawah Perkara 7 Perlembagaan Persekutuan, sementara melindungi anggapan tidak bersalah. (Presumption of innocence)
Terima kasih pandangan tuan
which politician will implement this proposal though, it will not benefit thenm
Thank you Mr Koh for your opinion
Thank you Mr GK Sir. We are very hopeful that if your idea works all the dirty ill minded potential politicians and current politicians will never want to take this path for their future. They feel it is better to just open up a warung nasi lemak or nasi dagang. Only the truthful ones will join politics whose motive would be to give proper help to the rakyat and country with zero tolerance to corruption. Many good things will happen to our beloved country Malaysia.
Thank you.
Let us hope the New Agong in 2024 will take into consideration GK's proposal.
Definitely need a separation of responsibility & power away from the AGC and make the PP Office truly an independent and fearless arm of Malaysia Institution to guard against further abuse of AGC and the degradation of the legal system of Malaysia.💪💪🙏🙏
Thank you for your view, Mr Liew
If you don't mind me asking....who does the PP office fear?...
shouldn't they be answerable to the rakyat, since the rakyat pay their salaries!
Thank You very much Mr. GK, reminds of of TanSri Eusoffe Abdolcder analogy in a case, he termed the saga as bureaucratic botch 😂😂😂. Enjoyed the discourse. Cheers
Thank you Ritchie for your kind words
Since PM said he was not interfering with the judiciary.. now no more report to PM.. report it to the rakyat so that we know.. these peoples they think we are stupid.
True
That is why the late gopal sri ram .. he's the legend.. his work show THE RULE OF LAW
Thank your your views
@@GKganesan "we are not happy or unhappy with the sentence that made by the court.. we are just doing our job" he not being subjudice or prejudice .. that is how peoples in judiciary should act. Now days many of the young lawyer.. they don't do their work according to the oath that been taken by them when they got their bar. And they asked their clients to admit guilty. When I remind them.. "I'm nor lawyer also nor that I'm stupid" . They think that I don't know i can complaint about their no good to the bar council.. then they wake up and do their work properly.
"
Why sri ram is a legend.. look how he carry on the prosecution according how It should be done.
This country lost a great people in judiciary.. thanks sri ram for ur great work. Although I'm not a lawyer.. I fully respect this man
DNAA is tightly coupled with Article 7 of the Federal Constitution, as it prevents multiple prosecutions for the same offense by temporarily halting cases when evidence is incomplete, ensuring protection against double jeopardy and upholding the presumption of innocence until proven guilty.
Thank you for your views
Totally agreed. As long as the politicians have power over any aspects of our legal system they will abuse it. Time and time again this has happened.
All of the politicians are the same. They promise us so many institutional reform but when they get power none of them, BN, PKR, DAP, PN etc have wanted to push these reforms through. Baik Mahathir, Anwar, Muhyiddin, Lim Kit Siang, Guan Eng semuanya sama. Nobody wanted to push for this.
Absolutely
Absolutely
Nandri Sir . I agree we must separate AG and AGC .
Thank you Mr Mailvaganam
Dont dream it can be corrected. Its all gone! Face the worse be ready!
Thank you for your views
A common man on the street would say "macam mana bulih terlepas?!" Like many Malaysians, I am too bumfuzzle, and the pattern is beginning to show. As GK suggested, we need a major revamp in our appointments of Deputy Public Prosecutor, methodology and the chain of commands. I follow up checks with the Fiji Constitution, in comparison with our Constitution, the Fijian are more ahead and mature in their approach to basic human rights that ultimately lead to independent judiciary.
As a side note, Syed Saddiq, sudden departure from the unity Government may be a justifiable move. But he is alone in his assertion for equal justice, as we need a simple majority in Parliament. Remember, we have troops of monkeys running in Parliament.
Dear Mr Majangkim: thank you for your kind words and your analysis.
@@GKganesancalling people monkeys considered kind words?
@@dinbachok6424
Generalization, figure of speech ..😂😂
You should have asked this in 1988.
THANK YOU FOR GIVE ME,NOW😊,
Thank you
👍👍👍👍👍👍👍👍❤️❤️❤️❤️Tribal Culture👺👺👺👺
Thank you for your views
The blindfold on Lady Justice has been removed n she now has a bad, bad case of what we here in Malaysia refer to as 'mata juling'.
Absolutely
The Malaysian judiciary independence was destroyed by a pseudo Malay PM. He sacked the Chief Justice, and brought it under his control. Only the opposition politicians made some noise. The whole country has suffered as a result.
Thank you for your views
Thank you for your views
whether the broken prosecution could caused by corruption?
Thank you for your views
Ah i thought the last one was the last. 😅
Well, a simple, workable, lasting solution had to be given.
@@GKganesan indeed a workable solution Sir. Many thanks to you and your team for churning out these contents.
You should have made this video years ago but I guess it's never too late.
You are right! Thank you for your kind words
He would be in isa detention camp if he say that many moon ago,
Malaysia Madani...
47 pertuduhan Timbalan Perdana Menteri Zahid Hamidi
Bukan calang-calang
No2 berkuasa...apa yang dia cakap....tidak siapa berani halang...GITU LAH PERJALANAN CIKGU DENGAN MURID SUDAH TERSIMPUL MATI.....
Bang, SRC trial of Najib and Srigala thrown out by the courts today.
No comments?
Terima kasih atas komen tuan
Umno funded the lawyers in universities and appointed them to the post of Judges n AG so it's payback time ..only drug peddlers sbd smugglers are nabbed and thrown into jails ...😂😂😂
Thank you for your views
Sickening Malaysia.
Idrus harun appointed by Muhyiddin. Muhyiddi n Zahid are opponents!!...So what was AG's intent of DNAA for Zahid?
I wish Sun Tzu's art of war can explain the intent!!
This is an interesting question!
broken prosecutorial system be improved = use AI, problem solved
Thank you for your views
Ini mcm la kalau dpp betul buat kerja . He must face the rakyat .. disclose the indictment to the public.. tunjukkan ur effort to fight corruption.. kalau pendakwaan digugurkan.. nyatakan juga mcm ni.. Ag salary is very high.. as rakyat for sure we will have negative perception on the judiciary branches if the prima facie case if the charge easy lift off. I feel very disappointed because all the burden will be paid by the rakyat.
ruclips.net/video/tWZW5t_VIZ0/видео.htmlsi=YpUM24KAOSrU182t
Thank you for this Menendez link. I liked it. You are right.
@@GKganesan welcome GTK.. thanks to you too.. for ur great effort to educate us Malaysian about law.. keep it up