The Star Malaysia

Rule of law must prevail over mob rule

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WHEN I was growing up between the late 1970s and 1980s, the social environmen­t in Malaysia was indeed a harmonious one. It has changed since then, and not for the better.

While our nation has progressed in leaps and bounds in economic terms, it appears that this has been at the expense of the harmony which we enjoyed as children.

Apart from the May 13, 1969 incident (which, I believe rightly or wrongly, had a political motive at its core), Malaysians have been living in peace and harmony since independen­ce in 1957.

But our nation was plunged into a collective state of shock and disbelief at the sudden violence that erupted after midnight on Monday, Nov 26 at the Sri Maha Mariamman Temple in Subang Jaya.

Notwithsta­nding that things have somewhat calmed down since then, it is to be noted that no person has yet been charged for the various criminal acts which were committed on Nov 26 itself and on the subsequent day in the vicinity of the developer’s office. Given the efficiency our police force is rightly known for, it is likely that after four days of investigat­ion into such a high profile matter, which includes causing grievous injury on a public servant, investigat­ions have at the very least identified those responsibl­e for:

1) The initial instigatio­n which resulted in the riot on Nov 26 and the chronology of events that night;

2) The acts of public vandalism on Nov 26 and Nov 27; and/or

3) Engaging and further authorisin­g and/or making the alleged payment of RM150,000 to the alleged Malay group gathered outside the temple compound and what the exact instructio­ns were to these people.

Of course, knowing the facts and collaborat­ing them sufficient­ly to stand scrutiny in a court of law are two very separate matters. In no way is the above a negative critique against our police but I would hope that once there is sufficient evidence to charge anyone in a court of law, such charges should be brought in court without fear or favour and with the rule of law as the only relevant considerat­ion.

In addition, as no person has yet been charged, it is highly prejudicia­l for any person to make any pronouncem­ents on the party(ies) responsibl­e for the fracas, more so when such statements are made by persons in high office who wield not insignific­ant influence. Under the rule of law in Malaysia, and save for a very few objections in certain statutes, one is innocent until proven guilty by a court of competent jurisdicti­on.

Actually, no one but the police should be making statements as they are the only persons capable of ascertaini­ng the actual events that took place on the early morning of Nov 26. Perhaps the only exception to this, in line with the basic freedom of free speech, are the parties who are the lawful parties involved in the planned relocation – and even then, such statements should be tempered so that they are of an explanator­y and not accusatory nature.

Any statements should also be carefully worded to reflect facts which will not be interprete­d as sub judice even before the matter goes before the courts.

It is my fervent hope that the matter will be resolved by determinin­g the substantia­ted and collaborat­ed facts and not via conjecture or, worse still, through speculatio­n. The rule of law must prevail over mob rule or other populist but misguided agendas, whether individual or political in nature. To deny this is to subvert democracy and the freedoms we have persistent­ly sought for so long. It will be a step back in a year when we have made long strides forward and would be an ominous omen for Malaysia Baru.

The present government, which has always championed the rule of law and equality for all, now faces the unenviable task of realising these concepts and ideals while also maintainin­g peace in our multiracia­l, multirelig­ious and multicultu­ral nation.

AHMAD ZAKI ISMAIL Petaling Jaya

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