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Media Statement
by Karpal Singh  
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(Kuala Lumpur, Monday) : The number of botched-up high-profile cases in the last two years brings into sharp focus the necessity of finding ways and means of ensuring that prosecutions are conducted by experienced Deputy Public Prosecutors in order to ensure there is no miscarriage of justice.

The State which represents the public has as much a right to justice as an accused person. The main reason why there have been acquittals of accused persons is the weakness of the prosecution.

The Attorney-General’s Chambers does not have enough experienced Deputy Public Prosecutors. The position could be to an extent alleviated by having recourse to section 379 of the Criminal Procedure Code which states, ‘With the permission in writing of the Public Prosecutor an advocate may be employed on behalf of the Government to conduct any criminal prosecution or inquiry, or to appear on any criminal appeal or point of law reserved on behalf of the Public Prosecutor.

The advocate shall be paid out of public funds such remuneration as may be sanctioned by the Minister of Finance and while conducting such prosecution or inquiry, or appearing on such criminal appeal or point of law reserved, shall be deemed to be a “public servant”.’

Senior criminal lawyers should be employed on behalf of the Public Prosecutor to conduct prosecutions in courts, particularly in complicated criminal prosecutions. In Britain, Queens Counsel have been employed on an ad hoc basis to conduct criminal prosecutions on behalf of the State. The position there should be emulated here. I am confident senior criminal lawyers will rise to the occasion in the public interest.

(29/1/2007)