However, KA Ramu said the timing of the prosecution had left much room for unwarranted speculation about the MACC and the Attorney-General’s Chambers as Sivarasa was one of the MPs who spoke out against MACC chief Azam Baki over the share ownership issue.
Ramu said this in response to Sivarasa’s statement yesterday that the charging of the two for corruption in the Kuala Lumpur sessions court appeared to be an act of reprisal for speaking out against Azam.
Naveen K Rasiah and Nico Kam claimed trial in the sessions court earlier today to three counts of soliciting and accepting bribes from a foreigner to “close a case” regarding abuse of academic credentials for the admission of foreign workers by a company.
Ramu said under the Federal Constitution and the Criminal Procedure Code, it is the attorney-general (AG), who is also the public prosecutor, who decides whether a charge is to be registered in court.
He said the AGC could ask any law investigation agency to collect more evidence, like interviewing witnesses and collecting documents, to ensure the charge stood when subjected to scrutiny during trial.
“Under the law, however, the AG alone shall have control and direction of all prosecutions and proceedings,” he told FMT.
Ramu said Malaysia practised a check-and-balance system in the administration of justice.
“Investigation powers like that of the MACC were entirely vested with them. Prosecution is based on available evidence. It is the duty of the courts to determine whether one is guilty of any crime,” he added.
Ramu said as a guardian of public interest, the public prosecutor should always ensure the sanctity of his office was preserved at all times.
“The prosecution of the two men looks a bit odd under the current circumstances and has invited unwarranted public speculation.”
However, he said, it must also be made known that there was no time limit to charge a person for an alleged crime.
Sivarasa said in August 2017, he had publicly raised with the immigration department the question how a Bangladeshi businessman was corruptly obtaining permits for Bangladeshi workers as cleaners and staff in hotels by using fabricated documents.
The following month, three of his staff, Naveen, Kam and Joshua Kalaiselvan, were arrested by the MACC, remanded for four days and investigated for an alleged offence of trying to solicit money from the businessman in return for dropping the issue.
He said that upon their release from remand, no charges were laid against the three then.