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Malay Mail
a day ago
- Politics
- Malay Mail
Why no legal action in Batu Puteh's case? — Hafiz Hassan
JULY 24 — All decisions made by the Public Prosecutor (PP) aka Attorney General (AG) on whether to prosecute or not to prosecute should promote consistency in decision making. This is where a prosecution policy would be useful. The policy should outline the relevant factors and considerations which should be taken into account when prosecutors exercise their discretion to institute, conduct or discontinue any proceedings for an offence. The policy should also serve to inform the public and lawyers of the principles which guide the decisions made by the prosecutors. In Australia, the Prosecution Policy of the Commonwealth provides a two-stage test that must be satisfied before a prosecution is commenced. First, there must be sufficient evidence to prosecute the case. Second, it must be evident from the facts of the case, and all the surrounding circumstances, that the prosecution would be in the public interest. In December 2024, a Royal Commission of Inquiry (RCI) recommended a criminal investigation against Dr Mahathir under Section 415(b) and Section 418 of the Penal Code. — Picture from X/ahmadmaslan In determining whether there is sufficient evidence to prosecute a case the prosecutors must be satisfied that there is prima facie evidence of the elements of the offence and a reasonable prospect of obtaining a conviction. The existence of a prima facie case is not sufficient. In making this decision, the prosecutors must evaluate how strong the case is likely to be when presented in court. They must take into account matters such as the availability, competence and credibility of witnesses, their likely effect on the arbiter of fact, and the admissibility of any alleged confession or other evidence. The prosecutors should also have regard to any lines of defence open to the alleged offender and any other factors that could affect the likelihood or otherwise of a conviction. The possibility that any evidence might be excluded by a court should be taken into account and, if that evidence is crucial to the case, this may substantially affect the decision whether or not to institute or proceed with a prosecution. The prosecutors must look beneath the surface of the evidence in a matter, particularly in borderline cases. Having been satisfied that there is sufficient evidence to justify the initiation or continuation of a prosecution, the prosecutors must then consider whether the public interest requires a prosecution to be pursued. In this regard, the prosecutors must consider all of the provable facts and all of the surrounding circumstances. The public interest factors to be considered inevitably vary from case to case, but the following may be considered: whether the offence is serious or trivial; any mitigating or aggravating circumstances; the youth, age, intelligence, physical health, mental health or special vulnerability of the alleged offender, witness or victim; the alleged offender's antecedents and background; the passage of time since the alleged offence; the availability and efficacy of any alternatives to prosecution; the prevalence of the alleged offence and the need for general and personal deterrence; the attitude of the victim; the need to give effect to regulatory or punitive imperatives; and the likely outcome in the event of a finding of guilt. The above are not the only factors, but generally the more serious the alleged offence is, the more likely it will be that the public interest will require that a prosecution be pursued. The decision to prosecute must be made impartially and must not be influenced by any inappropriate reference to race, religion, sex, national origin or political association. The decision to prosecute must not also be influenced by any political advantage or disadvantage to the government. If age is just a factor and not the only factor to prosecute a case, why the decision not to pursue legal action against former prime minister Tun Dr Mahathir Mohamad over Malaysia's withdrawal of its claim to Pulau Batu Puteh? In December 2024, a Royal Commission of Inquiry (RCI) recommended a criminal investigation against Dr Mahathir under Section 415(b) and Section 418 of the Penal Code. Dr Mahathir said then that he was prepared to face any investigation and emphasised his integrity during his time as prime minister. Let there be an investigation. It is not even a prosecution, not yet. * This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.
Rakyat Post
a day ago
- Politics
- Rakyat Post
100-Year-Old Dr. Mahathir Tells Anwar: 'Stop Protecting Me, I Want To Fight!'
Subscribe to our FREE The country's centenarian former Prime Minister Tun Dr. Mahathir Mohamad has done something that would make most politicians break into a cold sweat: he's actively asking to be prosecuted. The backstory is pure geopolitical heartbreak. Back in 2008, Malaysia lost a chunk of its territory when the International Court of Justice (ICJ) ruled that Pulau Batu Puteh (Pedra Branca) belonged to Singapore. Think of it as Malaysia's equivalent of losing a beloved family heirloom in a messy divorce. The island, sitting strategically at the entrance to the Singapore Strait, had been contested for decades. Fast-forward to 2018, when Dr. Mahathir, in his second stint as PM, made what a recent Royal Commission called a catastrophic decision: he withdrew Malaysia's application to review the ICJ ruling. It was like folding a winning poker hand because you got tired of playing. The Courtroom That Never Was Last week, current Prime Minister Datuk Seri Anwar Ibrahim stood in Parliament and delivered what amounted to a judicial verdict without the judge's robes. 'Is he not at fault? He is at fault,' Anwar declared about his predecessor, channelling his inner prosecutor. But then came the plot twist: 'We agreed not to take action' because Dr. Mahathir is 100 years old. It was a political mic drop that landed with all the subtlety of a sledgehammer. The Defiant Response Dr. Mahathir's response was swift and characteristically sharp. In a Facebook post that went viral faster than a TikTok dance, the former PM essentially told the government: 'Hold my walking stick and watch this.' 'I don't want immunity,' he wrote, with the defiance of someone who's survived decades of political storms. If you accuse me of being guilty, bring me to court and prove I'm guilty. I know I'm not guilty and I want to prove it. The post was pure Dr. Mahathir – part legal challenge, part political theatre, and entirely unapologetic. He accused Anwar of playing a triple role as Prime Minister, judge, and prosecutor, noting dryly that 'the Constitution doesn't say the Prime Minister can be a prosecutor or judge.' The People's Court of Public Opinion The Facebook comments section exploded like a Malaysian political version of reality TV. Supporters praised the 'legendary' former PM for his courage, while others questioned the entire legal framework. One commenter captured the surreal nature of the situation: 'It's better if the Prime Minister just appoints himself as Chief Justice.' The irony wasn't lost on anyone: here was a 100-year-old man essentially begging to be prosecuted, while the government was trying to protect him from prosecution he didn't want. The Real Issue: When Politics Decides Who Gets Justice This isn't just about one island or one old politician's pride. It's about the fundamental question of how justice works when politics gets in the way. Dr. Mahathir's refusal of age-based immunity raises uncomfortable questions about equal treatment under the law. The Royal Commission had recommended criminal investigation under fraud-related sections of the Penal Code, but stopped short of suggesting civil action due to time limitations. It's like having a smoking gun but being told What Happens Next? As Malaysia watches this unprecedented standoff between a centenarian demanding prosecution and a government offering protection he doesn't want, the real question becomes: what does justice look like when the accused is begging for his day in court? Dr. Mahathir's final line in his Facebook post cuts to the heart of it: 'Immunity is for people who are afraid to go to court because they know they're guilty.' In a political landscape where most politicians would kill for immunity, Malaysia's oldest former PM is doing the opposite – fighting for his right to fight. Whether you love him or hate him, you've got to admit: 'Lao Ma', or Old Horse (based on the Chinese transliteration of his name), still has teeth. READ MORE : Share your thoughts with us via TRP's .
Arab News
4 days ago
- Business
- Arab News
AlUla's fruitful summer harvest marks community celebration
RIYADH: The Royal Commission of AlUla on Monday announced the start of the much-anticipated Summer Fruits of AlUla Season. The first event in the annual Khayrat AlUla harvest celebrations runs from July 22 to 28 at Al-Manshiyah Farmers Market. Khayrat AlUla celebrates the region's agricultural heritage. (SPA) It highlights the produce of local farmers and productive families, and includes events for the display of dates, citrus, pomegranates and honey. The initiative supports the commission's goals of driving economic growth through community engagement and development projects tied to AlUla's harvest cycles. AlUla's mango farms cover 125,000 hectares and yield over 1,125 tonnes, including the sanarah and zubda varieties. AlUla is home to more than 5,000 farms and more than 50,000 trees. Its mango farms cover 125,000 hectares and yield over 1,125 tonnes, including the sanarah and zubda varieties. The region also produces over 3,141 tonnes of figs, grapes, and pomegranates across more than 348 hectares. Khayrat AlUla is held annually to celebrate the region's centuries-old agricultural heritage, known for its high quality, distinctive produce. The event reflects a deep-rooted culture of farming, passed down through generations, balanced with modern sustainability practices that safeguard natural resources. The commission places strong emphasis on agriculture as a pillar of local economic development, which includes a boost for the tourism industry.
ABC News
5 days ago
- Business
- ABC News
Peter Ryan
The ABC is deeply saddened by the death of our great friend and esteemed colleague Peter Ryan. After a distinguished 45-year career in journalism Peter retired from the ABC last month due to ill health. We extend our heartfelt condolences to Peter's family. A tribute to Peter on his retirement can be read here: Listen to The World Today's tribute to Peter Ryan Watch here: After 45 years, business reporter Peter Ryan has called time on his career Peter's many career highlights include being the ABC's Washington Bureau Chief, head of TV news and current affairs in Victoria, Executive Producer of Business Breakfast , founding editor of Lateline Business , which later became The Business, and Business Editor. Since 2016 he has held the role of Senior Business Correspondent. In 2017 Peter won a Walkley Award for his expose on the Commonwealth Bank scandal. His coverage contributed to the calling of the banking Royal Commission and in 2018 he was the National Press Club finance journalist of the year for his coverage of the commission. In 2022 he was recognised with the Order of Australia medal for his significant service to journalism. ABC Director, News Justin Stevens: Peter leaves a significant legacy. Through his mentorship, friendship and professionalism he directly touched the lives of many at the ABC. Through his journalism he had a profound impact on the lives of Australians and our society. It was a privilege to know him and work alongside him. Peter's parting words of advice: Peter Ryan shares his highs and lows from 45 years So what have I learned from 45 years in journalism? This is for younger and older colleagues alike. When I look back at my start on Sydney's Daily Mirror in 1980, as an 18-year-old straight out of school, we were still printing newspapers off hot metal. People were smoking in newsrooms and there was a lot of yelling as deadlines ran down to the wire. My parents were absolutely delighted when I was finally hired by the ABC in 1984. Our TV always seemed to be stuck on Channel 2, we were forced to watch the 7pm news every night and I had to listen to AM and PM in the kitchen. I'd love to be with you all there, but one strong message I have is, never let anyone tell you the good old days were really that good – that's a bit of a myth. I'd like to thank the ABC for taking so many risks with me over the years, giving me my dream of a foreign posting in Washington and then into big editorial roles. But for me in the end it's all about being a reporter out in the real world telling it as it is. I'm always chuffed when I hear people tell me you're able to take complex issues and break them down into three good parts. When someone tells me that, that's more important than a whole lot of awards. A few words of editorial advice. Avoid cynicism – be passionate. A good team can often be a very small team – I've worked in some of the best. Be proactive – come to the table with a great story so no one else comes up with a dud that might waste your time. Work closely with top people – shut up and absorb like a sponge. Maintain a fastidious contact book – some low-profile contacts could soon move into higher powered roles or more importantly work in backrooms where the big decisions are often made. Show up to work early and prove that you're ready to take on the big story of the day. Try to have a Plan B in your back pocket just in case your original brilliant idea doesn't go anywhere and the EP comes walking your way. Finally: Be kind and caring to people who need it. Media contact Sally Jackson, ABC Communications
Sky News AU
6 days ago
- Politics
- Sky News AU
Attorney-General prioritising national Working With Children Check system after horrific alleged childcare crimes
Attorney-General Michelle Rowland has promised action to unify child safety checks across Australia, following a series of shocking abuse cases in childcare centres. Ms Rowland told Sky News Sunday Agenda that establishing a national Working With Children Check system will be the top priority at the upcoming Standing Council of Attorneys-General meeting. 'We've got a pilot that's being established now… what is essential here is twofold,' Ms Rowland said. 'We've got different states and territories with their own schemes for Working With Children Checks and reportable conduct. They do not talk to other states… 'This was actually a recommendation coming out of a 2015 series of responses on the Royal Commission into child sexual abuse. 'We're now in 2025. What is important here is that we have action,' she said. The national reform aims to create near real-time reporting, ensure consistent access to data, and bring uniformity across jurisdictions to improve child safety. Ms Rowland acknowledged the reforms will not solve all the challenges in the system but said they will be a significant step forward. The push comes amid growing public concern after disturbing allegations of child sexual abuse in childcare centres. Calls to ban men from working in childcare have also emerged but Education Minister Jason Clare has dismissed such measures. Mr Clare told reporters, 'Just cutting blokes out altogether is not going to be the solution. In none of the reports do they recommend (banning men)'. He has instructed his department to draft legislation allowing the government to withhold public funding from childcare centres that fail to meet safety standards. Meanwhile, Victorian Premier Jacinta Allan has fast-tracked reforms including a ban on personal devices in childcare centres from September 26. She has also flagged the possible installation of Closed-Circuit Television (CCTV) cameras to boost child safety. Ms Rowland welcomed the momentum for change. ' We need to be honest. This is not going to resolve everything… but it will be a significant step forward,' she said.
