In criminal matters the public interest requires that laws be executed expeditiously and with all due respect for the rights of the accused. Ordinarily police officers trained in criminal law and procedure are entrusted with this important function. When they are perceived to fail in their duty the public takes immediate notice of this dereliction and seeks remedy. They turn first to their elected officers in the executive branch. 

In a recent case in Malaysia, a man walked from a bar and after a brief exchange of words, shot another in the neck. The victim died of the wound. A witness gave a statement to the police that the man who fired the gun gave an appearance of being intoxicated. The investigating police officers stated that they found a knife at the scene, but this was disputed by eye-witnesses. 

The suspect was promptly released on bail. He is suspected of murder, which is not a bailable crime in Malaysia. The law minister agreed that to give the suspect bail was wrong, and asked the police and the Attorney General's Chambers for clarification. An investigation was ordered. But apparently someone decided that the questions regarding the bail should not be examined for the public benefit, but should be reserved for a coroner's inquest. 

The police extended the bail twice, for a further week each time. The man is still free. The police, in their explanation, stated that the suspect was given further bail "to aid in the investigation." This statement fails a form five test for logic. 

In prior recent cases suspects were denied bail "to aid in the investigation". The phrase is thus just a convenient catchall for use whenever the question of bail is asked. 

Malicious assault 

Suspects in police custody are in hazard, as a recent coroner's examination revealed. The police took a man into their custody and safekeeping who subsequently died soon thereafter. He was given neither hospital treatment nor bail. In another recent case a suspect was shot in the eye while being interrogated. So far as is known the offending officer has escaped reprimand. 

Another man plead guilty to a malicious assault on a public official. On sentencing, he was immediately given bail. The offense occurred in September, 1998 but the man neither served a day in jail prior to sentencing, nor after sentencing, though he reluctantly entered a guilty plea. This man previously held the post of inspector general of police. He sets the standard for the police force in this country. 

Neither the de facto law minister, the prime minister, the deputy prime minister, the attorney-general past and present, the chief justice past and present, nor any other public official has deemed it of sufficient public interest to give either a justification or an explanation of this strange matter. 

Bond scam 

On Jan 21, The Sun newspaper carried a front-page story describing charges brought by a member of the public that Malaysian bonds valued at RM19.5 billion were counterfeit. These bonds were said to be issued by Perbadanan Usahawan Nasional Berhad, a company set up in 1991 under the government’s policy to encourage Malay entrepreneurs. 

An investigation was ordered. But the investigating agency was not the national police. It was rather a toothless entity known as the Anti-Corruption Agency. 

Over a month has passed. No one has been arrested or charged, so far as is known. The ACA originally gave a statement that their investigation would be complete "in a few days". Every few days the same statement is issued. It is thus becoming a trademark of the ACA.

The investigation into the Perwaja Steel case lingers and languishes, with results promised "in a few days". The investigation into the "consulting fee" paid by the Japanese firm of Mitsui to a fictitious Malaysian entity floats in the same sea of incompetence and ineptitude. 

The investigatory powers of the Malaysian government are held in low regard as a result of these dilatory investigations. Neither the police nor the ACA have the skills or experience to deliver the facts to the fore. Five billion dollars is not a minor sum. Such a sum is sufficient to totally destroy the full faith and credit of Malaysia in the world bond market. Yet there is no action to protect this important area. The incident thus reeks of government complicity. 

No moral strength 

The government makes daily noises that all is well. Yet there is no action. The investigatory powers are lacking. The executive branch is without moral strength or courage. Allegations of widespread corruption go unanswered. The malicious prosecutions of the past are not under review, nor are new cases dismissed. Those responsible continue to receive immunity.

The ACA has assumed the role of national investigatory agency, replacing the national police. But the ACA has no effective police power. It operates under the supervision of the executive branch of government. 

The public had hopes that new minds would bring refreshing change from the current malaise in Malaysia. These hopes lie gasping for a last breath.