There is so much smoke from recent politicking today and frankly, I am sick and tired of the debate over which camp is right and which camp is wrong.

I would like to take the events surrounding the re-surfacing of the DVD featuring the sexual escapade of a former minister and the current deputy president of MCA as an example.

It is the prerogative of MCA members, delegates and its leadership on whether they view their party as heading for a further split or to forgive and close ranks for sake of strength in unity.

However, as a member of the public and the legal fraternity, I am troubled at the legal aspects surrounding the events that took place and wish that we may see the light in the midst of this heated debate.

First and foremost, the persons who distributed the said DVD must be brought to book. Dr Chua Soi Lek has on numerous occasions affirmed that he knows who the persons responsible for the resurfacing of the DVDs are.

The police must move in quickly to nab these culprits so that they may be subsequently charged. The elements of the crime have been made out and police can easily question Chua and make arrests.

Only with swift action by the police and close cooperation from Chua as the victim of the crime can we put an end to political speculation and conjecture.

Secondly, with regards Chua’s investigation under section 377A of the Penal Code, I find that leaders, party members and the public have missed an important issue of law.

I am not interested in debating about whether Chua has been forgiven or not since I am not a member of his party. I am not interested to debate whether oral sex is socially accepted or not since I do not claim to be a moral guardian.

Neither am I keen to discourse about whether Malaysian laws are outmoded in the modern context and should be repealed.

From the legal perspective, the elements of a crime under Section 377A have very clearly been made out. The fact that Chua has openly admitted that he was the individual in the DVD recording shows that there is already a case for him to answer under the section of the Penal Code.

Whether the act was consensual or not is irrelevant since he is not being investigated for rape or sexual assault. The fact that Chua’s partner cannot be traced should not be an excuse not to charge him as it is not an essential element of the crime, but at best affects the probative value of the case.

In any case, probative value should be determined by the attorney-genera’s chambers and ultimately the judge, not the police.

The police should conduct their investigation swiftly and efficiently and stay above the political firestorm lest they be accused of selective investigation and favouring individuals belonging to parties in government.

Similarly, the AG’s chambers should move forward to charge Chua for the crime allegedly committed.

Let the due process of law take its place without interference from politicians and excessive politicking. Only then will only the truth be known. In our democracy, Chua deserves his day in court and not be tried by party delegates, the media nor the public.

I am reminded of the advice of the Raja Muda of Perak, Raja Dr Nazrin Shah, who said that we should, ‘Uphold the rule of law – a lawless system breeds a lawless culture which in turn, suggest lawless governance and lawless governments’.