KUANTAN: A veteran lawyer has expressed surprise that there is little furor from the opposition when government personalities are remanded compared to those in its circles.
In a statement today, Tan Sri Dr Muhammad Shafee Abdullah said remand orders were routinely issued by magistrates on government servants, ministers, members of parliament and state excos.
For example, he said, the arrest of former Felda Global Ventures Holdings (FGV) Bhd chairman Tan Sri Mohd Isa Abdul Samad, who was detained on Aug 15, to facilitate a probe into Felda Investment Corporation's (FIC) hotel purchases in London and Kuching.
"It would seem that if any government-related person is taken through that process, no one criticises the enforcement agencies for being harsh, not from any opposition members nor the Bar Council.
"But if a member of the opposition is put through the same process of investigations, controversies' are likely to be created by interested parties by spinning stories that the alleged offender is being victimised," he said.
Shafee was referring to the outcry by the opposition over the arrest by Malaysian Anti-Corruption Commission (MACC) and subsequent remand of Penang Environment Committee chairman Phee Boon Poh to facilitate a probe into the illegal carbon filter factory in Sungai Lembu, Bukit Mertajam.
It was reported that Penang Chief Minister Lim Guan Eng had described Phee's arrest over the case as “illegal”.
Phee was remanded for five days by the Penang magistrate's court on Aug 12. However two days later, he was released when the Penang High Court rescinded the remand order.
"It is not uncommon for anyone arrested for a serious offence by the MACC to be remanded beyond the initial 24-hour period for some days up to the maximum 7 to 14 days depending on the degree of the offence," Shafee said.
He pointed out the subdued reaction by opposition-linked media over the remand of then Johor state executive council member Datuk Abd Latif Bandi, who was arrested on March 9, and remanded the next day to facilitate a probe into alleged real estate corruption.
Shafee said Latif, who was ordered remanded for seven days, had without making any fuss then filed a legal challenge against the remand order, which was dismissed by the Johor Baru High Court.
"His (Latif's) case was also widely reported. The media reported Latif's case widely not because of any 'controversy' or the fuss created but because the media, especially the pro-opposition ones, were celebrating the fact that a government exco member was in trouble.
"Unfortunately, this is the state of affairs of the majority of our media," he said.
Shafee described as “premature” on claims by certain quarters that MACC could not initiate legal action against Lim.
He was responding to comments that MACC could not bring a defamation suit against individuals as it would allegedly be contrary to accountability and transparency of public service.
"This comment by some opposition lawyers is premature as there is no indication thus far, whether it is the MACC or individuals in MACC who may be launching the defamation suit.
"In Malaysia, it is still not settled if a public body is unable to sue in defamation when defamatory statements made against it cannot be justified or fairly commented upon or made with qualified privilege.
"In Singapore, it is always the norm for the prime minister (suing in his name) or other public personalities to sue in defamation against anyone who without justification defames them.
"Our federal court has not dealt with this issue yet and therefore the law on this is still at large," he said.
On Sept 6, it was reported that MACC decided to take action against Lim for allegedly making slanderous remarks on Phee's arrest.
When contacted, lawyer and Bukit Gelugor MP Ramkarpal Singh said he would need to thoroughly study Shafee's statement before he could comment.
