KOTA KINABALU: No prosecution should be brought against any person based on an incomplete investigation, says Datuk Seri Bung Moktar Radin.
"It is crucial to highlight the guiding principle, that a person should not be put in peril of a criminal trial unless the prosecution is able to prove the case against him. To do otherwise is an injustice," said the Sabah Umno chief.
He said the decision by the Attorney General's Chambers (AGC) to discontinue the case against Deputy Prime Minister Datuk Seri Dr Ahmad Zahid Hamidi reflects a cardinal principle of criminal law.
He said this principle is to avoid injustice primarily because of the social stigma attached to a person once he is charged in court.
"Sabah Umno welcomes the Kuala Lumpur High Court's decision on Sept 4 (Monday) granting an order of discharge not amounting to an acquittal in respect of 47 charges relating to graft, breach of trust and money laundering against the Umno president.
"We also appreciated AGC for their integrity and diligence in handling this matter.
"It is essential to note that this discharge followed a rigorous evaluation process undertaken by the AGC, in which they reviewed the 47 charges based upon the compelling rebuttal evidence presented by the defence team of Dr Ahmad Zahid during the trial," he said in a statement on Tuesday (Sept 5),
"The law exists not merely to punish but to ensure that justice is served, which can only occur if each party is granted a fair opportunity to present their case.
"Charging individuals based on incomplete investigations undermines this very foundation, eroding public trust in the judicial system and other institutions that are supposed to uphold the rule of law," he added.
In relation to that, Bung Moktar noted that the decision by the AGC comes in the context of the Royal Commission of Inquiry (RCI) that will be formed to look into claims in former attorney general Tommy Thomas' controversial memoir, particularly on alleged selective prosecution.
