Sedition blitz ‘persecution’, not prosecution, says former A-G

Former Attorney-General Tan Sri Abu Talib Othman says charging someone with sedition is not something to be taken lightly as it affects the accused. – The Malaysian Insider pic by Afif Abd Halim, September 12, 2014.

The barrage of sedition charges against opposition lawmakers and others comes across as persecution, not prosecution, says Tan Sri Abu Talib Othman, who took a swipe at the Attorney-General for reviewing the cases after charges were framed.

Talib, a former A-G, said it was unusual for Tan Sri Abdul Gani Patail, who is also public prosecutor, to first frame charges and later, decide to review them.

"You must do justice by prosecution and not persecution," Talib told The Malaysian Insider in a special interview in Kuala Lumpur yesterday.

Talib, who was A-G between 1980 and 1993, was commenting on Gani's statement on Tuesday that his office was reviewing cases against Universiti Malaya law lecturer Associate Professor Dr Azmi Sharom and several others who are facing charges under the Sedition Act 1948.

Gani had said this was a normal practice for the prosecution and his chambers would carry out its duties responsibly with fairness, accuracy and transparency and without influence by any party.

But Talib begged to differ.

"To charge a person is a very serious matter at it affects the accused’s credibility, standing and dignity," he said.

"It will put the accused in an emotional turmoil. Even, if the prosecution withdraws the charge later, the damage is done."

The former A-G said during his tenure, he only consented to charges being framed if there was "90% evidence to secure conviction".

He said charges were also framed base on applicable law, fairness and public interest consideration without influence by a third party.

He said Gani's statement that the chambers would review the charges only gave the impression the decision to charge the accused was made without careful and serious consideration of all the available facts.

"Is he (Gani) admitting that he was not fair and transparent when the accused were first charged, and that is why he is reviewing the cases now? Maybe he should clarify."

Talib said it was not the duty of the prosecution to seek conviction but ensure justice for the accused and victim.

In Azmi's case, he said, the lecturer was only commenting on the law or explaining the law.

"Unfortunately, the term seditious tendency is wide enough. This is where the A-G should have used his wisdom in his decision to frame charges," he said, adding that during his time there were only one or two sedition cases for prosecution.

Talib, who declined to name names, said there were personalities who made far more serious racial and religious seditious remarks, but were not charged.

"He is not required to explain but ideally it will be good to enhance the confidence in the administration of justice and his office," Talib said, referring to  Gani.

On Wednesday, the Malaysian Bar called on Gani to withdraw the sedition charge against Azmi, opposition leaders and activists.

Its president, Christopher Leong, said Gani had at the opening of the Legal Year 2013 stated that "every man must present his views without penalty and there must be a spirit of tolerance in the entire population.”

The Bar will hold an extraordinary general meeting on September 19 to debate resolutions on the Sedition Act 1948.

Undergraduates from public universities nationwide had also joined a hartal (protest) organised by UM students in a show of solidarity with Azmi.

On September 2, Azmi was charged with sedition based on statements in an article entitled “Take Perak crisis route for speedy end to Selangor impasse, Pakatan told”, which was published in a news portal on August 14.

Sabah politician David Orok was prosecuted under the same law on September 3 for allegedly insulting Islam and Prophet Muhammad in Facebook two months ago.

Since early this month, a number of opposition politicians – Padang Serai MP N. Surendran (PKR), Shah Alam MP and PAS central committee member Khalid Samad, and Seri Delima assemblyman R.S.N. Rayer (DAP) – have all been charged with sedition.

Seputeh MP Teresa Kok (DAP), Batu MP Tian Chua (PKR) and activist Haris Ibrahim are also facing trial for sedition.

Those found guilty, could face a fine of up to RM5,000 or a maximum jail term of three years, or both.

However, elected representatives risk losing their public office if the court imposes a fine of RM2,000 or more, or at least a year’s jail term.

- TMI