Najib and 'friends' could easily be detained for as long as needed if POCA(Prevention of Crimes Act 1959) was used. After all, persons arrested and detained under POCA or other remaining Detention Without Trial laws cannot even challenge the reasons for their detention in court, so that means a person can simply be detained.
Well, POCA was previously meant to be used against members of mafia-like gangs and/or triads, and then there was an amendment that extended to usage to cover many other offences, including all offences in the Penal Code (murder, cheating, theft, etc ...many many offences). This was brought in by Najib's government in 2014 - 'Persons who belong to or consort with any group, body,
gang or association of two or more persons who associate for purposes which
include the commission of offences under the Penal Code' . This means that if you with another person are suspected of stealing a cow can also end up under detention under POCA.
The benefit of using POCA (or any other Detention Without Trial laws) is that you do not have to(and never have to) prove the guilt the of the suspect. There is NO trial, there is NO OBLIGATION to adduce evidence and prove to the court beyond reasonable doubt that the person is guilty. The person arrested, detained or restricted under POCA also cannot even challenge the reasons used. For example, they arrest and detain you alleging that you murdered Alta with another person, which really is a LIE but still you cannot even challenge this 'false' reason used to detain you.
EASY for police and prosecution - simply detain people under such Detention Without Trial laws. No need to even investigate thoroughly...Corruption > well, by not charging and according a full trial open to the public, truth about 'big bosses' and others can also stay hidden. Corruption - Well, murder if convicted results in the death penalty - but if POCA was used, then maybe after a few years you are free > injustice to the victims, to Malaysians, to Malaysia...????
So, now can they not just simply use POCA and immediately arrest and detain Najib and 'friends' - no need to investigate...no need to prove in court...SIMPLE.
Why waste time? After all, Najib has put in place the 'Attorney General', the Chief Justice and the President of the Court of Appeal, whereby the later 2 were extended their period in office after retirement age on contract for 3 years and 2 years. So, will the courts be 'independent' when it comes to a criminal charge against Najib, OR will he be simply acquitted by court for some reason or another.
WELL, that makes using POCA or some Detention Without Trial law a good solution to 'punish'?
NO...NO...Do not use these draconian Detention Without Trial laws. What must be done immediately is to abolish all the POCA(Prevention of Crimes Act) and all other Detention Without Trial laws..
We were all very happy when Najib during his term as Prime Minister did the needful to abolish the ISA, Emergency(Public Order and Prevention of Crime) Ordinance....BUT, then he brought about NEW laws or extended old laws to include a whole range of new offences - increasing the possibility of abuse.
What do you do with the persons currently detained under POCA, etc? Well, if they can be charged in court and given a fair trial OR they can be released.
Hope the NEW PAKATAN HARAPAN (Coalition of Hope) government will immediately in the first Parliamentary session abolish the POCA, POTA and all other Detention Without Trial law now....for after all our new Prime Minister and PH leaders have always said that they are committed to RULE OF LAW, or is this 'fake' news or a real commitment? Words are easy - it must be proven by action.
RULE OF LAW - well, everyone should have a right to be heard - a right to a fair trial...But our Detention Without Trial laws denies these fundamental rights. The presumption of innocence until proven guilty is ignored. If Pakatan Harapan is committed to 'Rule of Law', then immediately abolish POCA and such laws NOW within 100 days, election promise or NOT.
Worse - even if a person arrested and detained/restricted knows that he is not guilty and the allegations are baseless - he cannot even challenge this in court by way of a judicial review(i.e. asking the court to look and see whether the reasons are true, false or even have any basis).
POCA, looking at the title, is for the PREVENTION of crime - hence, it should not be used against people who have already committed crimes. Remember preparation to commit a crime is also a crime, which is punishable in law.
NO - Najib and those involved in crimes during the UMNO-BN rule must not be subjected to POCA and/or any other Detention Without Trial laws.
Now, many of the leaders of Pakatan Harapan were also past victims of these draconian Detention Without Trial Laws - Anwar Ibrahim, Lim Kit Siang, Hadi Awang, Mat Sabu, etc ...
PAKATAN HARAPAN, who has pledged commitment to justice and rule of law MUST immediately abolish POCA and all Detention Without Trial laws, and immediate release those currently being detained/restricted by these laws. They may not be 'famous' people but ordinary people, maybe a lot of them are poor under the B40 and M40 category - but that does not mean the new government should 'not care' or 'not prioritize' the abolition of these laws.
Now 45 Groups call on Malaysia to abolish POCA and Detention Without Trial Laws
Bar Resolution for the Repeal of the Prevention of Crime Act 1959 and All Detention Without Trial Laws, and Provision for Compensation for Deprivation of Liberty of the Innocent
Send Urgent Appeal: Dr Kumar Devaraj & 5 Ors under Detention Without Trial Laws
Denied the right to protest by peaceful assembly before Parliament(Dewan Rakyat) passed the law allowing Detention Without Trial
Siti Noor Aishah - POCA,POTA..dimansuhkan - Resolusi Badan Peguam
SUHAKAM:- Prevention of Crime Act (POCA) [Media Statement - 28/7/2016]
Detention Without Trial in Malaysia - How many now? REPEAL DWT LAWS ...
KLSCAH CRC makes it 37 groups calling for the release of Siti Noor Aishah Atam and all victims of Detention Without Trial laws?
Mat Sabu: From His Days As A Detention Camp Cook To Becoming ...
says.com/my/news/amanah-chief-mat-sabu-defence-minister-background-and-story
6 days ago - Mat Sabu
and Lim Guan Eng sharing a happy moment in a video that was published
on YouTube in 2013 as they reminisced their time together when they were
detained under ISA.
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