Oh NO! AG, police at odds over preventive laws

AG, police at odds over preventive laws

BY V. ANBALAGAN
AUGUST 26, 2013

The Attorney-General’s Chambers and police are at loggerheads over the use of the archaicPreventive of Crime Act 1959 (PCA) to check the escalation of violent crimes in the peninsula.

Tan Sri Abdul Gani Patail said he recently met police top  brass, including the Inspector-General of Police Tan Sri Khalid Abu Bakar, to explain why the law was still viable although enacted in 1959.

"This law is more transparent than the repealed Emergency Ordinance (EO) and offers a check and balance," he told The Malaysian Insider.

He said the PCA also protected the legal rights of suspects and prevented any abuse.

Gani said this when asked to elaborate on his statement in a news portal, Malaysia Gazette, which implied that chambers and police were at loggerheads on the use of the PCA.

“They (police) do not want to go through us. They want to do it on their own,” he told Malaysia Gazette.

Gani said this worried him and he questioned whether police did not have confidence in the court.

“If they do no not, then they can do it on their own. They don’t need the A-G’s Chambers,” he said.

Police want preventive laws reintroduced, laws similar to the repealed EO where a suspect could be detained for 60 days for investigations.

Previously under the EO, police would then submit a report to the Home Minister who could then issue a detention order of up to two years.

Gani said the AG's Chambers was totally out of the picture under the EO but had to defend the government when detainees mounted a legal challenge once they filed a writ of habeas corpus.

Explaining the workings of the PCA, Gani said it gave police powers to detain suspects for 24 hours without a warrant of arrest.

Gani said suspects must then be produced before a magistrate who could order a 14-day remand.

He said the police and a deputy public prosecutor must issue a written statement to the magistrate to hold the suspect for a further 28 days when there was sufficient evidence to hold an inquiry.

Another 28 days extension could be obtained if there was delay in completing the inquiry, or to place the person under supervision.

Gani pointed out that under the PCA the AG’s Chambers was always involved.

He said police had been doing a wonderful job, especially over the past one week, by using the PCA and he could see no reason why a preventive law should be introduced.

Gani, who is also the public prosecutor, said the procedures in the PCA could be executed since there were many DPPs now compared with 30 years ago.

He said the PCA only covered the peninsula but could be amended to include Sabah and Sarawak.

"We can also rely on the PCA to monitor suspects and the penalty is severe if conditions are violated," he said, expressing confidence that serious crimes could be curbed under this legislation.

Gani said there were also many other laws to check violent crimes but the problem was effective enforcement of existing laws. - August 26, 2013.

source : the malaysianinsider