Saturday, November 21, 2009

Unreasonable Hours

On Thursday, the Kuala Lumpur High Court ruled that the MACC can only interrogate witnesses during office hours between 8.30am an 5.30pm.

With this ruling, the mACC can no longer interrogate witnesses overnight or beyond office hours.


In the NST editorial today, it argued this:

"The ruling, unfortunately, ignores the fact that in combating corruption, strong laws are as vital as the wide powers at their disposal because these represent a proportionate response to a dark, stealthy, insidious crime.

This is tantamount to throwing the baby out with the bathwater. We are dealing with a different type of situation where one size does not fit all.

Office hours become unreasonable hours when getting accurate, timely, relevant information of the kind that is integral to the detection, investigation, prosecution and conviction of those charged with corruption.

What is most disappointing is that the fixation on one point of law misses the bigger problem of the "third degree", that is to say, the lengthy, continuous unrelenting periods of interrogation, and the types of pressure tactics and other excesses that could go on, not just for hours but days and weeks on end, that we should guard against.

This is why it is vital to review the code of practice and standard operating procedures for investigations to ensure avoidance of arbitrariness, respect for human rights, the observance of due process, and the defence of the rule of law.

Our standards in this respect must be exacting. We cannot accept any notion that everything is permissible for the graft-busters in the interest of bringing the crooked to justice."



Anonymous said...

Expect more delay in corruption investigations.

Not to mention the moral of dedicated and committed officers on their job.

What's next!?

Police officers too-"Sorry, can't come now, our office is closed. Go catch the murder yourselves!"

And the Army-"Wait! Don't shoot the torpedos, it's not 8.30 am yet!!"

All these years we got government servants and BN politicians charged and sent to jail and nobody question BPR. When the Pakatan politicians get caught and these are the people being blamed.

What the hell is going on in this country!!?


Old Fart said...

Wonder what NST will write if this had been a PR Government and the MACC and the police were PR sypathetic!! Everything the NST argues would have been valid if only they could have equally written a piece saying why TBH should not be dead today!! Rather than conjecture as media is wont to do, they'd rather not hurt the feelings of MACC. Sure is a scum of a newspaper.

Jade said...

A witness is not a suspect. As a witness one is called in to assist the investigation. Depending on the nature of the case and the relationship between the witness and the suspect, there are times that the investigating agency needs to record a statement from the witness as quickly as possible covering many issues relating to the case, depending very much on his knowledge of a particular incident. Such witness may or may not cooperate and may want to cooperate but fear of the repercussions. He may also be tampered with or threatened. In such case, his statement needs to be recorded and completed as once he steps out of the door and to return the next day the whole story may change and the investigation is hampered. Case is not solved and public will criticise the government for failing in its duty to bring the culprit to justice.
If this is what the people want? Let them have it and we will see only a few cases come to court. :-)


oh come on, Old fart.
do you even read the NST?

Anonymous said...

verdict is with respect to WITNESS recordings....pethatic journalism.
NST needs to start from kindergarden

Anonymous said...

If I want to read what the NST writes I would buy the paper (which I dont anymore). Point is, what is this blogger's opinion on this topic? If you just want to regurgitate a news then might as well dont have a blog.



you can criticise NST. no problem.
but must have basis-lah.

more important. you don;t even understand what is REPORTED. and therefore grounds on which the editorial stands.

read the report on the ruling. it is interrogation of witnesses.

anyway pathetic is spelt PATHETIC.

This comment has been removed by the author.


man, you do have a problem with me not stating my views.

you must be limiting yourself in blogosphere.

obviously, you don't read really my blog, or you read it but simply want to cari pasal, or shoot just for the sake of kacau-ing.

i shall refrain from telling you to F-off. You're one of those a-holes who...let me stop here before i become like you.

i decide to give my views when i want to.

thanks for coming in.

Anonymous said...

Nuraina!!! You are sick!!! sicko!!!



i mean "you don't really read my blog".



you must be that anon@8:55PM.

normally i don;t entertain commentors like you. waste of time.
sheer waste of time.
but don't know why-lah. just for the heck of it, i felt like responding you.

moi sick, sicko?

naah naah naah...

i'm not the one who is sick. no sirreee.

selampit said...

I don't thik the fact that MACC can only interrogate witnesses during office hours really matters here.

The most important thing I believe, is that MACC REMAINS FREE from any kind of 'outside influences'.

Remember folks, these 'outside influences' include continuous 'pressure' from the opposition camp as well as 'intervention' from above.

MACC could operate 24/7 but would still be an ineffective body if it can not exercise its powers to the fullest extent.

To the opposition, STOP jeopardizing MACC by portraying it as a sadistic government tool. How do you expect MACC to perform seamlessly if the body is perceived as a GESTAPO by the public?

Who would want to cooperate with MACC if the public is afraid of it?

"Pergi le kat SPRM, nanti kena CAMPAK wooo!"

Just leave MACC be.

Anonymous said...

If the investigator is fair and without biased , these restriction would not have happened.

Deep down most people knew that they have been very selective in their interrogation.

But Toyo said he got no problem with them .He is very coperative and can be called up anytime as required.

Different treatment ma.

Saddiq Sagaraga said...

Yes, after all they are just witnesses. Like everyone else, they have to earn a living, run family errands, perform social and neighbourhood duties, engage in hobbies, entertainment; not to mention getting eight-hour beauty sleep, afternoon nap, etc. And, of course, public holidays and weekends are strictly a no-no.

If a guy has only ten minutes to spare to be interrogated, so be it. The MACC ought to be more imaginative to work around witnesses' free time to get their job done.

Alternatively, get some MACC guys to run errands for the witnesses to be interrogated, including baby sitting, if need be, in exchange for a little bit more intimate time with the witnesses.

Malaysia boleh.

Anonymous said...

I join MM in asking, "What the hell is going on in this country!!?"

Like reporters and other news people who have to work round the clock to publish their newspapers, let the investigators interrogate outside office hours. So long as they don't resort to torture. What constitutes torture? Go for the international definition of the word.

The much acclaimed "liberal" United States has detention without trial in Guantanamo Bay. God knows what they do there; they have denied "water-boarding" but many don't believe them.

The British have extended their remand period in the wake of terrorist explosions in recent years. They want longer time to interrogate suspects before charging or letting them go. Do they interrogate only during office hours? No.

The MACC Officers have to pursue their questioning after office hours for a number of reasons, including preventing the destruction of evidence which may not have been uncovered or when the suspect has not provided sufficient information to justify arrest.

For goodness sake, do appreciate that the Officers don't simply arrest and put them behind bars, which, I think, they can. They want to be thorough in doing their job and are prepared to go without enough sleep, catch a few winks here and there in the office in between interrogation, etc. Give them the leeway, lah.

Judges usually decide based on the evidence produced before them. That this judge decided against the MACC may have been due to the inadequacies of the law on MACC or the inadequacies of defending that law. Correct those, please.

We must do our utmost in getting the corrupt to book and provide the MACC ample means to do it.




(took the liberty of not publishing his/her comment. Tsk tsk tsk)

jealous of me, huh?

go start a blog, will ya!

joseph said...

a systematic attack of govt institutions by the pakatan whackos:
one by one, see how gobind and gang have been attacking, the AG, the police, the MACC.

today we see a DAP machai calling on MACC to end questioning of witnesses after office hours.

and you accuse the govt of not doing much to curb corruption.

some more, karpal wants the same thing extended to police.

have you gone senile, sir or is this anti-govt obssession made you blur?

if there is a kidnap case at 5pm, plkice must hold on all questioning until 9am the next day?

if mr karpal is attacked by some crazed maniac at 4.45pm, police hold all everything until the next day?

Dei...what yiou talking lah.

tomoro, Raja Petra kena pukul jam 5 petang, police, hold questioning...simpan witnesses and suspects sampai pagi, baru question.

masuk akal, ke?

and marah police not doing anything to fight crime. tangkap orang, sudah tentu suspect dan criminal, marah itu polis.

besok, awak semua kena hantam parang gang, baru tahu.

Anonymous said...

With due respect to the learned judge, did he make the right judgement? Obviously it would be in contempt to say it was not.

The bone of contention is just because the king of criminal warfare demanded a ridiculous application, the judge made a ridiculous ruling.

And, how come the PR jokers are not running thothe streets over this with candles and justice slogans?

So now, please do not blame the police for taking more time than necessary to even record a statement, let alone solve a case.

Working nine to five may be fine for a lawyer like Karpal but he now wants the police to also work like him.

Perhaps Karpal should also ask the judge to fix a nine to five day for criminals too. Do not let them rob, steal, rape etc. after hours.

The judge will gladly pass the ruling.


Mamat Bollywood said...

Elo Miss Nuraina

We no want to fight la.

Our time is precious, we want to read something new in blogs.

Your blog is a top blog. So we want to read something new.

But you agree or not that more than 50% of your blog, maybe 70% of your blog, is all cut-and-paste news from New Strait Times la, The Star la, etc. etc.?

Just answer this honestly la, thats all I asking.


mamat bollywood,

now now, mamat.

you don't need my response.

you don't like me cutting and pasting reports from NST, Star etc to allow my readers to express their views on issues, not my problem..

why you so sakit hati?

you tak payah datang sini-lah.