I just came back to Parliament from the Shah Alam Sessions Court where the Attorney-General, Tan Sri Abdul Gani Patail as expected dropped the attempted murder charge against the Batu Caves 31 after being incarcerated for close to two weeks on the ground that they are “national security” threats.
Of course I welcome the Attorney-General’s change of mind and the withdrawal of the charge of attempted murder of a policeman preferred against the Batu Caves 31 – as I had right from the beginning called on Gani to drop the charges of “attempted murder” against the 31 as well as the manhunt for another 30 on the same charge of attempted murder, as it would precipitate a new crisis of confidence in the administration of justice over selective and malicious prosecution in the abuse of the Attorney-General’s discretionary prosecution powers.
However, I am still very disappointed by Gani’s conduct in the Shah Alam Sessions Court.
Although the charges against five students for causing mischief and illegal assembly were also dropped (and they should never have been charged in the first place), the charges of causing mischief and illegal assembly against 26 remained, with their case adjourned till December 27 for sentencing following their guilty pleas this morning.
The very fact that Gani had to drop the capital charge of attempted murder against the Batu Caves 31, (which also means the abandonment of his intention to charge 30 others with the same capital offence) – which could land the guilty with a sentence of life imprisonment – is proof that the Attorney-General had abused his powers in preferring such capital charges in the first place.
It raises the question as to the real motive of the Attorney-General in abusing his powers in slapping the Batu Caves 31 with such a serious charge when there is no basis or justification whatsoever.
The two-week incarceration of the Batu Caves 31 who were denied bail on the ground of being “national and security threats” remains a blot on the nation’s administration of justice and the tenure of Gani Patail as Attorney-General. Continue reading “Challenge to AG/IGP to substantiate or withdraw terrorist charges against Hindraf”