MP defends Lim’s MACC remarks
Ramkarpal: Nothing wrong with his stand
GEORGE TOWN: Penang Chief Minister Lim Guan Eng is unlikely to apologise over his alleged slanderous remarks against the Malaysian Anti-Corruption Commission (MACC), says DAP’s Bukit Gelugor MP Ramkarpal Singh.
“There was nothing wrong with Lim’s stand and the question of apologising doesn’t arise in this matter,” he said when contacted yesterday.
Lim was given 48 hours to apologise after he allegedly told reporters on Thursday that it was an “illegal detention by the MACC” of Penang exco member Phee Boon Poh.
The ultimatum by the MACC was due by 6.30pm yesterday.
The MACC said it would consider legal action if Lim fails to issue an open apology unreservedly.
Phee, together with factory manager Gan Buck Hee, 70, and his factory director son Edmund Gan Eu Leong, 37, were arrested on Aug 11 over investigations related to an illegal activated carbon filter processing factory in Kampung Sungai Lembu in Bukit Mertajam.
In a statement on Saturday, Ramkarpal said the ultimatum was “ill-advised” as in the circumstances, there was no doubt that Lim was justified in describing the detention as illegal.
He said Penang High Court Judicial Commissioner Datuk Abdul Wahab Mohamed, in setting aside the five-day remand order issued on Aug 12 against Phee and two other men, had effectively ruled that their detention was illegal since it was based on an invalid order.
“Since the trio were detained based on an invalid order, the effect of Abdul Wahab’s decision was that they were indeed detained illegally by the MACC 24 hours after their arrest,” he added.
Ramkarpal also rejected the MACC’s claim that Lim’s remarks could be sub judice and in contempt of court, as MACC’s planned appeal against Phee’s release has yet to be heard in court.
He added that it was also obvious that Lim was not saying that the arrest of the trio was illegal as he did not use the words “illegal arrest”.
It is always important to note that actions should never be tried in the media but in a court of law. Mahendra Mahason
Meanwhile, commenting on the issue, lawyer Mahendra Mahason said there is a real difference between criticising and defaming a public agency.
“It is always important to note that actions should never be tried in the media but in a court of law.
“Irregularity by failure to adhere to some procedural requirements is not illegal or an illegality,” he said.
Another lawyer from Sarawak, Shankar Ram Asnani, pointed out that a remand carried out by the lower courts that failed to comply with Section 117 of the Criminal Procedure Code was liable to be set aside on criminal revision, but it is too much of a stretch to state that the arrest and detention were illegal.
In Bahau, MACC chief commissioner Datuk Dzulkifli Ahmad warned Ramkarpal to be careful when commenting on the issue as there were “slanderous and defamatory elements” in his statement.
He added that Ramkarpal issued the statement in his capacity as an MP and not counsel for the Penang chief minister.
Separately, Dzulkilfi, who was speaking to reporters after visiting settlers at Kampung Serampang Indah near here, denied the MACC was harassing and intimidating the Selangor government.
Selangor Mentri Besar Datuk Seri Azmin Ali was quoted in media reports that certain quarters would harass and intimidate the Selangor government until the next general election, following MACC’s probe into allegations of misconduct involving Selangor Menteri Besar Incorporated and Universiti Selangor.
To this, Dzulkifli said the MACC was the one that was being harassed and intimidated.
“Some people make all kinds of false allegations against us. We are impartial and are merely doing our job,” he added.