Attorney-general Abdul Gani Patail today stressed that he does not support the formation of any new law which would allow preventive detention.

NONE However, he said his chambers has not received any draft or proposal from the Home Ministry or any government body on a law to replace the Emergency Ordinance (EO) which allowed preventive detention.

"I will never agree to preventive detention.

what is eo emergency ordinance 050307 "There is no draft (of a new law) or anything sent to my office. I am making a clear statement on this (for) whoever who said (there is)...," he told reporters in Bangi.

In any case, Abdul Gani said the Attorney-General's Chambers has never prosecuted individuals who were previously held under preventive detention.

"I have not seen a single case for prosecution which involves former detainees under the EO," he added after speaking at a seminar on cybercrime.

The government has claimed that the repeal of the EO contributed to a spike in crime and  mulling introducing a new law to replace the ordinance.

'Existing laws are sufficient'

Abdul Gani stressed that existing laws are sufficient for law enforcement officers to book criminals.

He added that we should also adhere to the maxim that it is better to let more guilty people go free than to send an innocent man to jail.

“ Bila dah kena baru sedar, baru menangis , (you’ll only start crying when it happens) and it (sending an innocent man to jail) can happen and will happen.

“I am a strong advocate of the present laws without preventive detention...

“I have full confidence that enforcement officers can do their jobs without having to rely on such draconian laws,” he said.

He added that laws which are sufficient to address crime include the Security Offences (Special Measures) Act (Sosma), Prevention of Crime Act, the Penal Code, the Criminal Procedure Code and Evidence Act.

He also explained that the Sosma, which replaced the now-repealed Internal Security Act (ISA), also does not allow preventive detention.

Rather, he said, it provides for detention “for the purpose of investigation” and not as a way of prevention of crime as determined by a minister as per the ISA.

Meanwhile, the Malaysian Bar in a statement welcomes and supports the statement made by the AG, saying the hike in crime can be resolved by police through diligence, intelligence and dedication.

Its president Christopher Leong said it would be illogical and bizarre to have a new law, when the legislation dealing with terrorism and national security, the Security Offences (Special Measures) Act (Sosma) 2012, does not provide for such draconian measures, where a person arrested must be brought to court within 28 days.

“The Bar is against any proposal for a new legislation that provides detention without trial, for continuous preventive detention or renewals of such detention without trial by ministerial order, and the use of ouster clauses that seek to exclude the right to the due process of the law and access to the courts.”