Anonymous wrote:
I think there will be a constitutional issue with regard to the draft MCAC bill which is currently debated in the Parliament. Based on the extracts of newspaper that I have read, it appears to me that the DG of ACA will be empowered to prosecute certain case while certain cases will have to be referred to AG for sanction. In the Star newspaper, it is said that such power to prosecute by DG of ACA will not usurp the powers of AG.
I cannot understand nor fathom how such power to prosecute given to the DG of ACA will not usurp the powers of the AG. It will be, in my honest opinion, interfere or usurp the powers to prosecute accorded to the AG under Article 145(3) of the Federal Constitution. Article 145(3) gives the power to AG to among others 'institute, conduct or discontinue any proceedings for an offence'. Therefore, it is clear that the exercise of powers of DG of ACA, if the Bill is passed by the Parliament, will usurp the powers of the AG.
While the intention of allowing DG for ACA some powers to prosecute is novel, let us get back to the basics. Please propose an amendment to the Federal Constitition first to allow such powers to be given to DG of ACA before even talking about the MCAC Bill. I am totally surprised that this issue is not even advised by the persons drafting the MCAC Bill at all. Even if the MCAC Bill is passed, if there is no amendment made to the Federal Constitution to allow such powers to be given to the DG of ACA, I am afraid that such MCAC Act will be useless piece of paper as any persons convicted under the new MCAC Act will raise the very basic point on the Powers of AG accorded under Article 145(3) of the Federal Constitution as being usurped. If that happens, that will be a travesty of justice as after having convicted under the new MCAC Act, this person may get away free.
I hope you will voice out your concerns on the MCAC Bill during parliamentary session or even during any of the press conference if you have a chance. I take this point as quite a serious point.
I think there will be a constitutional issue with regard to the draft MCAC bill which is currently debated in the Parliament. Based on the extracts of newspaper that I have read, it appears to me that the DG of ACA will be empowered to prosecute certain case while certain cases will have to be referred to AG for sanction. In the Star newspaper, it is said that such power to prosecute by DG of ACA will not usurp the powers of AG.
I cannot understand nor fathom how such power to prosecute given to the DG of ACA will not usurp the powers of the AG. It will be, in my honest opinion, interfere or usurp the powers to prosecute accorded to the AG under Article 145(3) of the Federal Constitution. Article 145(3) gives the power to AG to among others 'institute, conduct or discontinue any proceedings for an offence'. Therefore, it is clear that the exercise of powers of DG of ACA, if the Bill is passed by the Parliament, will usurp the powers of the AG.
While the intention of allowing DG for ACA some powers to prosecute is novel, let us get back to the basics. Please propose an amendment to the Federal Constitition first to allow such powers to be given to DG of ACA before even talking about the MCAC Bill. I am totally surprised that this issue is not even advised by the persons drafting the MCAC Bill at all. Even if the MCAC Bill is passed, if there is no amendment made to the Federal Constitution to allow such powers to be given to the DG of ACA, I am afraid that such MCAC Act will be useless piece of paper as any persons convicted under the new MCAC Act will raise the very basic point on the Powers of AG accorded under Article 145(3) of the Federal Constitution as being usurped. If that happens, that will be a travesty of justice as after having convicted under the new MCAC Act, this person may get away free.
I hope you will voice out your concerns on the MCAC Bill during parliamentary session or even during any of the press conference if you have a chance. I take this point as quite a serious point.
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