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Wednesday, July 10, 2013

Ex-top cop to AG: Why isn't Zahid charged yet?


The above report refers to the article Ahmad Zahid riled up over ‘assault’ claim on Malaysiakini on July 9. Before going any further I would like to state here that I have no vested interest whatsoever in this matter.
NONEI don’t know Home Minister Ahmad Zahid Hamidi, nor do I know the alleged victim Amir Bazli Abdullah (left, in picture) or even Gobind Singh Deo (right, in picture).

I am commenting on the above subject matter based on my experience being the former investigation officer of the infamous black-eye incident.

If it is true that Zahid said that assaulting a person is a civil case and not criminal in nature as reported, then I must emphasise that he is wrong from the legal standpoint. I am afraid he has misled the Parliament and the public at large.

Causing injury to a person falls within the meaning of Section 323, 324, 325 or 326 of the penal code, depending on the seriousness of the injuries suffered by the person assaulted whether minor or grievous hurt. But certainly it’s not a civil case as claimed by Zahid.

That kind of statement uttered by a senior minister in Parliament may cause confusion among citizens, especially those who have been charged in a criminal court and convicted for assault previously.

‘Why no RCI for Zahid?’

anwar ibrahim black eye 080206A case in point that come to mind immediately is the report against the former inspector-general of police Rahim Noor.
He was charged for assault under Section 323 of the Penal Code and subsequently sentenced to two months imprisonment and fined RM2,000 for assaulting Anwar Ibrahim(left).

If now the home minister said that assault is a civil case only and not criminal, then the government and the attorney-general (AG) must explain why the former IGP was charged for a criminal offence and duly sentenced for an offence under the penal code?

And why did the cabinet then, which include the present PM and Deputy PM, decided to establish a royal commission of inquiry(RCI) to look into this assault case if it was just a civil matter?
For that matter, the RCI recommended that the former IGP be charged for attempting to cause grievous hurt under Section 325 of the code.

Why didn’t the PM and/or DPM suggest that an RCI be established to investigate the report made against Zahid?
NONEIncidently the prime minister at the time of the incident in 2006 is Abdullah Ahmad Badawi, who happened to be the one who referred Rahim Noor’s (right) case to the Agong in 1999 when he was the Deputy PM.

Should now the government turn around and agree that Zahid misunderstood the law, which I think is the case, then the next question would be, why has the AG not charged Zahid for the crime he allegedly committed?

Why must there be a double standards when dealing with the former IGP and Zahid? After all, both allegedly assaulted a person. Both victims also took the matter to civil courts as well.
AG 'not empowered' to indemnify
According to news reports the injuries suffered by Amir Bazli is more severe than that suffered by Anwar. If that be the case, then Zahid should have been charged under Section 325 of the penal code for allegedly causing grievous hurt to Amir Bazli.

ghani patail gani 060409AG Abdul Gani Patail (left) must realise that although he is empowered to institute, conduct or discontinue any proceedings of an offence as provided in the constitution, yet he is not empowered to indemnify Zahid from any criminal culpability just because he was a deputy minister at the time of the offence or now that he is the home minister.

In this regard, the former minister in PM’s department Nazri Abdul Aziz has made it clear in parliament in March 2011, that the attorney-general cannot indemnify any politician caught in a sticky situation, in case the AG and/or Zahid forgets.

If this is the position taken by the government of the day, which includes Zahid, when dealing with politicians allegedly involved in some forms of criminal wrongdoings, then the cabinet should not wait a day longer but to have the home minister brought before a criminal court and charged accordingly.

The rakyat deserves an explanation from Zahid and/or the attorney-general, and fast.

MAT ZAIN IBRAHIM is former chief of the Kuala Lumpur Criminal Investigation Department.

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