Our newly-minted Home Minister Ahmad Zahidi Hamid had been quoted as saying that crime rate in Malaysia had risen as a result of the government decision to repel the Emergency Ordinance (EO) back in 2011.

He further alluded that hardcore criminals were now able to escape legal sanctions due to legal technicalities and good lawyers.

This is mind-boggling. The government is trying to mask its inefficiency in combating rising crime rate behind the retirement of a colonial era legislation.

Such a simplistic excuse cannot and must not be the justification for introduction of any new legislation that mimics the EO.

No nexus between rising crime rate and repeal of EO

Firstly, there is no concrete proof or study which substantially supports Zahid's statement. Criminal activity has been on the rise even before the EO was repealed.

Ironically, his predecessor Hishammudin Hussein, who held the portfolio from 2009 until early 2013, never once sought to use this as an excuse.

The public perception is that the police force is not living up to its name. Criminals become bolder as public perception of the police continue to cascade.

Tales of missing vital court evidence from the police barracks and death of numerous suspects, such as the Kugan case, whilst under police custody, continue to baffle the public and erode the public's confidence in the law enforcement agency.

It is incredulous that only nine percent of the total 120,000 police personnel are attached to CID departments which are at the forefront of combatting crimes.

Instead of laying the blame on an ex-ordinance, the Home Ministry and police must take immediate and sterner action to beef up their credibility as serious crime fighters.

For a start, put more policemen on the street, set up more mobile police huts in crucial and known crime infested areas. In sum, start earning back the public trust and confidence.

I urge our home minister to re-look at the enforcement agency and work tightly together with the AG's Chambers to ensure all these so called technicalities and loopholes are plugged.

In the face of a good case supported by credible witnesses and sufficient evidence, I am convinced the prosecution should have little difficulty in proving their cases.

Rule of law must prevail

It is a basic tenet of rule of law that all men are equal and innocent until proven guilty.

It is also a fundamental legal principle that no man shall be punished or sanctioned unless he has been given a fair hearing.

Legislation like the Emergency Ordinance is also susceptible to abuse or misused since there is no check and balance by the court.

The now repealed Emergency Ordinance is a piece of legislation that runs contra to these basic legal principles.

It's through the massive political effort by Pakatan Rakyat and various NGOs that the government was forced to repel the ordinance back in 2011.

That was a massive victory for democracy and all those that cherish rule of law.

Now we must defend that hard fought victory.

JIMMY PUAH WEE TSE is adun for Bukit Batu, Johor.