Media Statement by Karpal Singh in Kuala Lumpur on Wednesday, 26^th March 2008: 

Waiver of compound notices and summonses: an amnesty  

The announcements by Penang Chief Minister, Tuan Lim Guan Eng and Perak Menteri Besar, Tuan Mohammad Nizar Jamaluddin, to waive compound notices and summonses relating to illegal hawking and parking have been misunderstood. Various quarters, including lawyers, have criticised the moves without appreciating the actual position. These personalities have been unduly trigger-happy. I am surprised the lawyers concerned do not have, within their grasp, elementary principles of law.

What was done by both the Penang Chief Minister and the Perak Menteri Besar was in the form of an amnesty which must be taken in the context of the Opposition performing exceptionally well in the General Elections and forming state governments in Penang and Perak apart from Kelantan, Kedah and Selangor. What has happened is historical and its impact should be appreciated by everyone, including the critics of the Penang Chief Minister and the Perak Menteri Besar.

An amnesty is given to those who may be guilty and is usually granted by the Executive. Therefore, the Penang Chief Minister and the Perak Menteri Besar, being the heads of the Executive of these two states, had the right to announce the amnesty.

Amnesty even for prisoners who have been convicted and imprisoned is usually granted on significant occasions. On the 25th anniversary of Merdeka, several prisoners in the country were released at the behest of the Government. This is often done in other countries also on occasions which warrant it.

Both the Penang Chief Minister and the Perak Menteri Besar should not be unduly criticised for what they have done. The compound notices and summonses have not reached the stage of prosecution in court and, therefore, the amnesty granted cannot be said to impinge on the powers of the Public Prosecutor who has the sole discretion to prosecute or not to do so.

There is no question of discrimination in rewarding Opposition supporters. Even Barisan Nasional supporters and others would be in the categories of those affected by the compound notices and summonses.

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* Karpal Singh, MP for Bukit Gelugor & DAP National Chairman