ALIRAN
   Home     Aliran Monthly    Statements   Human Rights    NGOs   Links   Join Us   About Us   

Media Statement

Why did they let him out on bail?

justiceNot only ordinary folks but lawyers are baffled once more by the actions of the police and the Attorney-General's Chambers.

First, a man was shot dead. The murder weapon has been found. There are witnesses to the killing. A suspect has confessed to the shooting. Why, then, is the suspect allowed to be free by posting bail?

Second, while the whole country wonders why the suspect is free on bail, the Attorney-General's Chambers offers no explanation. Instead, the Attorney-General's Chambers "ordered an inquiry to determine the cause of death and the circumstances leading to the death." (The Sun, 27 February, 2001)

Third, when it is already public knowledge that the victim died from a gunshot wound, where is the need for an inquest to determine the cause of death? To determine how the killing took place, the police should arrest the suspect and investigate the circumstances leading to the victim's death. The Public Prosecutor should then charge the suspect if there is sufficient evidence to do so, or release him if there isn't.

This established procedure wasn't followed: the suspect posted bail of RM100,000.

It is irrelevant whether a murder suspect can or cannot afford bail of this amount. Since when has it become lawful procedure or police practice to permit a suspect in a murder case to stay free by posting bail? Can the Attorney-General's Chambers or the police enlighten us as to how many murder suspects are free on bail, or have been permitted to post bail in recent years?

candleOf late, the authorities have been quite ready to arrest, remand and prosecute people for offences such as holding a candlelight vigil. If the Attorney-General's Chambers and the police want to ensure public confidence in the system of administration of justice, they should quickly provide some convincing answers to the above puzzles.


P. Ramakrishnan
President
10 March 2001