Isn't there a difference between initiating prosecution and writing to a litigant who is suing the government. AG is the legal advisor to the government and represents the government which is governed by the Cabinet. It is stretching the imagination too far equating Tommy Thomas writing to the plaintiff and Idrus Harun initiating a prosecution. In fact what Azalina said is correct. Tommy Thomas should have consulted the Cabinet to get guidance before writing to the Sulu heirs who are suing the Malaysian Government owned company but Idris Harus should not consult the cabinet if he wants to prosecute any one. The distinct bias of the author is obvious here. This article is a disappointment and it is what is known as "batu api" Stirring a can of red and black ants to cause confusion and chaos. Shameful.
The attorney general does indeed have such discretionary powers at law and under the constitution to exercise. if this power of absolute discretion is taken away from him to prosecute the offenders, then the government with the largest number of members of parliament can decide the destiny of an offender by not doing any thing about a criminal case and the guilty party is free to commit more crimes.
This country government machinery be it judiciary, police or immigration or the prison department can be manipulated and controlled by mob rule.
The root cause of this country failure to function and allow competency and meritocracy to flourish is due to two deficiencies of the collective mind of the masses to manifest at every level of society:
“The illiterate of the 21st century will not be those who cannot read and write, but those who cannot learn, unlearn, and relearn. ”
― Alvin Toffler (4 Oct 1928- 27 June 2016)
He who will not reason, is a bigot; he who cannot is a fool; and he who dares not is a slave.
Sir William Drummond (26 Sept 1769-29 March 1828)
Azalina without being challenged and confronted by the statement she made in parliament, in the house full of members who are supposed to be able to function intellectually and know the constitutional laws . if not being thus questioned, will she not make more personal prejudices statements and turn them into public policies?
Section 3 of Article 145 of the Malaysian Constitution states: “(3) The Attorney General shall have power, exercisable at his discretion, to institute, conduct or discontinue any proceedings for an offence”. The attorney general does indeed have such discretionary powers at law and under the constitution to exercise.
However the discretion is not an absolute discretion which can be applied arbitrarily, capriciously unfairly or negligently. There is much material out there on the limits of public power in the hands of judicial and political officials.
Tommy Thomas's involvement in the Sultan of Sulu case demonstrates a weak and misinformed mind at work. His knowledge of the constitution and law itself is deeply mired in his history in the practice of the law itself in Malaysia and Canada.
Isn't there a difference between initiating prosecution and writing to a litigant who is suing the government. AG is the legal advisor to the government and represents the government which is governed by the Cabinet. It is stretching the imagination too far equating Tommy Thomas writing to the plaintiff and Idrus Harun initiating a prosecution. In fact what Azalina said is correct. Tommy Thomas should have consulted the Cabinet to get guidance before writing to the Sulu heirs who are suing the Malaysian Government owned company but Idris Harus should not consult the cabinet if he wants to prosecute any one. The distinct bias of the author is obvious here. This article is a disappointment and it is what is known as "batu api" Stirring a can of red and black ants to cause confusion and chaos. Shameful.
The attorney general does indeed have such discretionary powers at law and under the constitution to exercise. if this power of absolute discretion is taken away from him to prosecute the offenders, then the government with the largest number of members of parliament can decide the destiny of an offender by not doing any thing about a criminal case and the guilty party is free to commit more crimes.
This country government machinery be it judiciary, police or immigration or the prison department can be manipulated and controlled by mob rule.
The root cause of this country failure to function and allow competency and meritocracy to flourish is due to two deficiencies of the collective mind of the masses to manifest at every level of society:
“The illiterate of the 21st century will not be those who cannot read and write, but those who cannot learn, unlearn, and relearn. ”
― Alvin Toffler (4 Oct 1928- 27 June 2016)
He who will not reason, is a bigot; he who cannot is a fool; and he who dares not is a slave.
Sir William Drummond (26 Sept 1769-29 March 1828)
Azalina without being challenged and confronted by the statement she made in parliament, in the house full of members who are supposed to be able to function intellectually and know the constitutional laws . if not being thus questioned, will she not make more personal prejudices statements and turn them into public policies?
Section 3 of Article 145 of the Malaysian Constitution states: “(3) The Attorney General shall have power, exercisable at his discretion, to institute, conduct or discontinue any proceedings for an offence”. The attorney general does indeed have such discretionary powers at law and under the constitution to exercise.
However the discretion is not an absolute discretion which can be applied arbitrarily, capriciously unfairly or negligently. There is much material out there on the limits of public power in the hands of judicial and political officials.
Tommy Thomas's involvement in the Sultan of Sulu case demonstrates a weak and misinformed mind at work. His knowledge of the constitution and law itself is deeply mired in his history in the practice of the law itself in Malaysia and Canada.