Don’t abandon rule of law because of politics, PH govt told

Dato Sri Dr Wan Junaidi Tuanku Jaafar

KUCHING, Jan 9: Santubong MP Datuk Seri Wan Junaidi Tuanku Jaafar opines the public is now being put in fear of the government and Malaysia Anti-Corruption Commission (MACC) if wiretapping is “legitimised” at the whims of government officers.

He claimed there was also fear that the wiretapping has been done without complying with the law and the set standard operation procedure (SOP), and the revelation of its contents to public without due process being made.

“I sincerely urge the government not to abandon the rule of law and the legal process. Politics should not be allowed to justify and legitimise all their action. PH (Pakatan Harapan) promised us a better world before PRU14 (14th General Election).

“They promised us the rule of law, transparency, accountability and freedom within the boundaries of law and the constitution. Where have all these promises of a better tomorrow gone? Have the powers gone to the heads of everyone in power, that the government can ignore morality and responsibility and is unable to distinguish right from wrong?

“We may not have a specific privacy law as far as I can recall. Privacy of the individual is nevertheless protected under various laws like Penal Code and Personal Data Protection Act 2012. These laws may not be adequate in details; the protection is there, but that does not mean senior and most powerful persons in the government like the Chief of MACC could stoop so low as to publicly revealed to the public private conversations including communications with a leader of a foreign country, which I believe could affect our foreign relations.

“How are the leaders of other countries going to communicate with our leader in case of critical, imminent matters without thinking of the possibility such communication is revealed to the public at large?” questioned Wan Junaidi in a statement today.

Malaysian Anti-Corruption Commission (MACC) chief Latheefa Koya had in a press conference yesterday released recordings of conversations between former Prime Minister Datuk Seri Najib Tun Razak with his wife Datin Seri Rosmah Mansor as well as other high ranking officials, politicians and foreign dignitaries.

“MACC as an agency for the guardianship of law and the integrity of the nation, should show more professionalism, adhering to the rule of law and principles of the National Charter (Rukun Negara.)

“Has the Chief of the MACC abandoned the very fabric of the nation? Has she forgotten her oath of office when she revealed the wire-recording of supposedly the conversations of Datuk Seri Najib with Datin Seri Rosmah?

“In this case, the recording of the tele-conversations is one thing and the revealing of the recorded conversations to the public before any probe or investigation made is another,” said Wan Junaidi.

Under Section 116C of the Criminal Procedure Code (CPC), the law of Malaysia, only police officers of specific rank and with the permission of the Deputy Public Prosecutor (DPP) are allowws to conduct wiretapping of any suspect’s conversation, he asserted.

“Under Section 116C of the Criminal Procedure Code which was amended in 2012 in Dewan Rakyat (Parliament), we were assured that the government would protect the safeguards (of privacy) religiously before the DPP would permit police officers to conduct wiretapping.

“Assurances was made by the government then in Dewan Rakyat that strict compliance with the SOP was to be adhered to in the wiretapping process because wiretapping intrudes into the privacy of an individual.

“Beside being morally wrong, it may be a criminal offence under the Data Protection Law of the country. The CPC amendment was made to protect the nation against criminals like terrorists, drug traffickers and other major offenders. Not for political exploitation.

“The questions that beg answers in this case are, whether there was permission from the DPP and whether the SOP was being observed?”

On the revelation of the conversations between Najib and Rosmah, Wan Junaidi said the question concerned is whether police reports have been lodged and whether investigations or probes have been conducted.

“The other question is why reveal matters which might be used as evidence in the ongoing trial of Datuk Seri Najib in court?

“Is this not contempt of court? Why was the revelation was made on the date of the nomination of the PRK (by-election) in Kimanis? Is this a political stunt to discredit Datuk Seri Najib or the Chief Commissioner of MACC is playing politics?” Wan Junaidi questioned. — DayakDaily