May 24, 2010

Humanity and the Law

I think we must practice humanity in whatever we do. As such laws, particularly statutory law should reflect such values as it shows truly a society that is civilized, matured and developed.

The Bar Council' request for  witnesses  to be accorded the same rights as the accused is worthy of mention and the MACC's directive that investigations be carried only during office hours is i nth right direction.

Let us read the following news item.


"The Bar Council has called on the Government to give witnesses the same rights as accused persons.
Its chairman Ragunath Kesavan said witnesses who help enforcement agencies in investigations should be given the same protection and rights as the accused.

“Those accused have the right to be allowed adequate rest which is guaranteed by Rule 20 of the Lockup Rules 1953,” he said in a statement yesterday.

Ragunath was commenting on the recent Federal Court decision in the Tan Boon Wah case where it was held that the Malaysian Anti-Corruption Commission (MACC) could continue to interrogate witnesses beyond office hours.



Ragunath said the decision bore testament that the courts had failed in playing their role as the arbiter of disputes between individuals and the state while serving as a checks-and-balance mechanism.

He added that the decision permitted the MACC to compel witnesses to be questioned, including for long periods of time, with no option for them to decline.

He urged the Government to take immediate steps to protect the rights of witnesses and promote transparent and accountable investigations.

Meanwhile, he welcomed MACC chief commissioner Datuk Seri Abu Kassim Mohamed’s statement that MACC officers had been directed to conduct their investigations during office hours."

A big salute to the Bar Council and MACC.

It was also stated that the officers would have to provide justification for “taking evidence after office hours”.

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