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Finance minister - avoiding victors’ double standards

LETTER | Amidst the euphoria, many do not like to hear this – that the swearing-in of Lim Guan Eng as the new minister for finance is not a new inspiring start to accountable politics.

It is true that the charges against Lim are probably are politically-motivated. The constitutional presumption of innocence says that Lim is innocent until proven guilty.

The prime minister’s power to choose members of his cabinet cannot be restricted. It is left to the wisdom of the PM in his recommendation of Lim to the king.

But, our basic expectations of accountable politics, after May 9, should mean that we can legitimately expect the PM to live up to the trust reposed in him, and would consider not choosing one against whom criminal charges of corruption have been framed, to become a cabinet minister, and one as important as finance minister.

Lim’s corruption trial has raised an awkward, but important, question about his swearing-in as minister - are we going to repeat victors’ criminal justice and victors’ double standards?

The immunity of Najib, his family, cronies and cabal from the criminal justice system, Najib’s perverting and undermining Malaysia’s justice system throughout Najib’s tenure – these are very serious, but separate, issues.

We do not make a comparison of accountable politics to a much worse scenario. Further, there is nothing illegal about prosecutors being selective.

Law enforcement has every right to allocate limited human and financial resources and pursue some (not all) all perpetrators. The selective prosecution only becomes an issue if a defendant is singled out for a purpose that is itself wrongful, such as discrimination based on, in Lim's case, prima facie (on the surface) his political affiliation.

Dropping the corruption trial? It is best to set a proper precedent - let the acting attorney-general review such politically-motivated charges, and if they are not merited, drop them against Lim.

The Attorney-General’s Chambers must now come out to explain if indeed it is dropping the trial against Lim, how and the circumstances that the prosecution was started as a political fix-up.

But if the trial is dropped (whether ended as discharge amounting to acquittal or non-acquittal) simply because Lim is now minister – it would be a serious stain on the new post-May 9 government of hope and inspiration.

Restore integrity - no more double standards in the due administration of criminal justice. Swearing in Lim as the new finance minister is not a new inspiring start to accountable politics.

Due administration of criminal justice does not, and cannot be allowed to continue to, have double standards – one for the losers, the other for the victors.

The acting AG must review the file, come to a proper decision one way or another, and inform the public. An extraordinary case requires intense transparency and full explanation to avoid any accusation of political interference in the administration of criminal justice.


The views expressed here are those of the author/contributor and do not necessarily represent the views of Malaysiakini.

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