‘Settlement’ of Nazri’s son’s case is illegal & perverts the course of justice

 

If a crime is committed, the perpertrator must be brought to court and duly charged. Under our legal system, crimes cannot be ‘amicably settled’.

I refer to the Home Minister Hishamuddin Hussein Onn’s statement in the Dewan Rakyat on 18.10.12 that the assault case involving the son of Minister Mohd Nazri Abdul Aziz had been ‘amicably resolved’. This statement shows blatant disregard by Hishamuddin for the due process of law and the integrity of our criminal justice system. It is unprecedented for the Home Minister to personally approve of such  ‘amicable settlements’, which are against public policy and the rule of law. If a crime is committed, the perpertrator must be brought to court and duly charged. Under our legal system, crimes cannot be ‘amicably settled’. Such a ‘settlement ‘ could amount to an offence under section 214 of the Penal Code. By approving of the ‘settlement’, Hishamuddin may have abetted and connived in an illegal act. Was the investigation compromised simply because the case involves the son of a senior Umno minister? Further, what are the terms of this illegal settlement and did the settlement involve the police, Nazri Aziz or Hishamuddin? The public is entitled to know if the course of justice was perverted in this case. 

Most importantly, what was the outcome of the investigation upon Mohamed Nedim Nazri under section 160 of the Penal Code? While admitting that the matter was investigated, Hishamuddin deliberately does not say whether Nedim was cleared of the offence. Every citizen, no matter how high or low their social position, is equal before the eyes of the law; the security guard in this case has a right to fair and impartial justice. We call upon the Home Minister to make a full and frank disclosure of the real facts of the case and to re-open the investigation into this assault case.