It Was Not An Acquittal, The AG Withdrew The Charges
Syed Akbar Ali
Technically according to the legal parlance and the Court procedure it was an acquittal – but in reality it was not.
An acquittal – as i understand it – comes AFTER the defense and prosecution lawyers have argued their case in Court and then the Judge makes a decision to acquit the accused person. It is the JUDGE who decides to acquit. That is an acquittal.
In the case of Lim Guan Eng’s corruption charges the Attorney General WITHDREW the charges. The AG DROPPED the charges.
The Judge did not decide here.
It was the AG who decided. Of course once the AG withdraws the charges, the acquittal is a matter of procedure. But in reality it was NOT the Judge who decided to acquit Guan Eng.
Because of the controversy that it has raised, the question now arises on what grounds or basis did the AG decide to withdraw the charges against Lim Guan Eng?
The parrallel with Khir Toyo’s buying a house also for below market value is perilously close.
In fact the argument is that Khir Toyo can now demand for a judicial review of his conviction for doing the same thing. The Guan Eng acquittal can be used as the basis (or precedent??) for Khir Toyo to demand that his conviction also be overturned.
Here is a graphic (that went viral) comparing Guan Eng’s case and Khir Toyo’s:
Khir Toyo and Guan Eng had both used the same argument – willing buyer and willing seller.
In Khir Toyo’s case willing buyer – willing seller was rejected by the Court.
In Guan Eng’s case willing buyer – willing seller was accepted by the AG / Court.
The big question rests with the AG. What was the basis of the AG accepting Guan Eng’s representation to withdraw the charges?
The MACC guys have been unfairly put under the limelight for saying that they were shocked at the AG withdrawing charges against Guan Eng.
The MACC should know better because they are the investigation agency. They investigated BOTH the Khir Toyo case and the Guan Eng case.
I recall I was still on the Advisory Panel of the MACC when the Khir Toyo case was in the process. One of my MACC colleagues made a ‘potong jari’ remark if Khir Toyo was acquitted. Meaning they were so certain that the case against Khir Toyo was water tight. And they were right. And the whole country agreed with the Court finding Khir Toyo guilty.
In the same way, I am sure the MACC did their homework in Guan Eng’s case. Hence their “shock” that the AG withdrew the charges. All their investigation has come to nought.
This is not good for the morale of the entire enforcement eco-system in the country. Not just the MACC but the Police, Immigration, Customs, the Income Tax folks will all be demoralised. Why work hard investigating “high profile” cases when the outcome can be decided without having a full hearing in Court?
The AG’s Chambers is getting away scott free. It is the AG Tommy Thomas who should explain what was the basis for him agreeing to withdraw the charges against Guan Eng.
I say Malaysian Media, pergi tanya itu AG lah. You guys are so lame duck lah. Put him on the spot.
The AG cannot say that his decision making process is classified secret or his prerogative alone. That is a given. It goes without saying.
