Lawyers for Liberty (LFL) executive director Eric Paulsen said MACC’s ultimatum against Penang Chief Minister Lim Guan Eng, and MACC chief commissioner Dzulkifli Ahmad’s warning to Ramkarpal Singh over the duo’s remarks regarding the legality of Phee’s detention was detrimental to its public standing.
“Why is MACC so sensitive over Lim’s and Ramkarpal’s remarks and nit-picking over what the High Court judge allegedly said when he ordered for Phee to be freed from the remand order?
“Further, why must MACC take such an intolerant and extreme view when the issue being commented upon is of public interest?” he said in a statement today.
He was referring to MACC’s claim that Lim had defamed it by describing Phee’s detention as illegal.
Phee had been detained by the anti-graft agency in connection with an illegal carbon filter factory in Bukit Mertajam.
Ramkarpal had said Lim was justified in calling the detention illegal as the High Court had set aside the five-day remand order against Phee since it was based on an invalid order.
However, MACC said legal action would be taken against Lim if he did not apologise for his remark.
Paulsen said MACC’s claim that Lim’s comment amounted to sub judice and contempt of court because the matter was now under appeal was simplistic and showed a poor understanding of the law.
He also questioned the manner of legal action MACC would take against Lim and Ramkarpal.
“It is generally well accepted that public bodies do not have the capacity to sue for defamation, nor is it desirable as public bodies must always be open to uninhibited public criticism.
“The potential of criminal defamation or other criminal action is even more appalling, as criminal law should never be misused to protect public bodies from criticism.”
Instead of getting involved in public spats or warning all and sundry against “defaming” MACC, he said the anti-graft agency should focus on fulfilling its duty to combat corruption and abuse of power.
He reminded MACC that respect comes not from fear, but from public confidence.
“This in turn depends wholly on its own conduct to give the appearance of impartiality, independence and integrity.
Let MACC’s performance on the job speak for itself rather than attempting to stifle public criticism and the freedom of speech and expression as guaranteed under Article 10 of the Federal Constitution,” he said.
CM justified in calling Phee’s detention ‘illegal’, says Ramkarpal