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Thursday, November 20, 2014

If Gani has not the moral courage, then empower Bar Council to prosecute Ibrahim Ali - PKR's Gooi

If Gani has not the moral courage, then empower Bar Council to prosecute Ibrahim Ali - PKR's Gooi
I refer to the media report yesterday in which the Attorney General, Abdul Gani Patail gave his reasons for not prosecuting Perkasa President Ibrahim Ali over his threat to burn the Bible.
Abdul Gani Patail’s explanation that they could not find any element of “intent” to charge Ibrahim Ali are mere excuses for not wanting to prosecute him.
The refusal to prosecute Ibrahim Ali is a failure on the part of the Attorney General to uphold his oath of office to enforce the law without fear or favour.
A person should be criminally charged if the facts discloses an offence in law. It is not up to the AG to accept Ibrahim Ali’s explanation that he had no intention to commit an offence. It is for Ibrahim Ali to explain and convince the Court that his intentions or actions were excusable in law.
It is the Court’s duty and not personally up to the AG to decide Ibrahim Ali’s guilt or innocence under the law.
Again, the AG’s reasoning that is not an offence to defend one’s religion is utterly nonsensical in this case. A person’s right to defend his religion does not give him the right to incite one group of religious faith to cause disharmony, disunity, or ill-will against another group of people of different faiths. Such an act is clearly an offence under Chapter XV in respect of offences relating to religion, and in this particular case, under s.298A(1) of the Penal Code.
Let the Bar Council prosecute Ibrahim Ali on behalf of the govt
Since the AG is reluctant or unwilling to take up this case, in the public interest, I call upon him to instead, to give a “fiat” to the Bar Council the authority to prosecute Ibrahim Ali on behalf of the government – The appointment of a private lawyer to prosecute in a criminal matter is nothing new – as the appointment of Datuk Shafee in Anwar Ibrahim’s case has set the precedent.
Ibrahim Ali
In this connection, I urge the Bar Council to approach the Attorney General to apply for the fiat to initiate criminal proceedings against Ibrahim Ali as this is a matter of great public importance.
Failure on the AG’s part to positively respond to my call herein to issue a fiat, would confirm the public’s strong suspicions that the AG is not impartial, and is enforcing the law selectively. Just as a person who incites others to burn the Quran would clearly be a punishable criminal offence, equally Ibrahim Ali must be brought to court to face the full brunt of the law for inciting others to burn the Bible.
Gooi Hsiao Leung MP for Alor Setar

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