Monday, July 14, 2008

Independent Anti-Corruption Agency?


This is going to be a very short post.

Last few days the government announced that the Anti-Corruption Agency (ACA) is going to be independent and by all good intention, the government wants to portray the ACA will conduct their duty 'without fear and favor'.

The Attorney General's chamber is response to that allocate one senior officer at the ACA's office and reported directly to its director. really? I doubt so. why? well here is my reason...

First of all under Malaysian Constitution Article 145 read together with Section 376 and 377 of Criminal Procedure Code, only the Public Prosecutor (PP) in AG chamber has the full authority to prosecute any case, even if any particular law enacted empowering the a particular agency to initial prosecution it would be ultra virus and there are numbers of cases in court where the prosecution case fail simply because no proper sanction from PP (for example: Repco Holdings Bhd vs Public Prosecutor).

So, even if the AG puts his best most senior officer in ACA, the ACA still required to obtain sanction from AG to prosecute cases. And technically the officer is still have to report (or obtain consent) from AG.

Point to ponder: would it be funny to initiate a case against the AG itself? Who then has the authority? Perhaps the one who gave the AG the power, ie the Agong. Well I don't know, I am not a politician. But from constitutional point of view, it is the Agong who appoint the AG upon advice of our PM. If the Agong has the power to appoint AG he then still vested with the power to initiate prosecution. Don't you agree?

image taken from: historymatters.gmu.edu/mpimages/mp198.jpg

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