Camera pens ineffective as long as AG's pen not independent - PSM

The whistleblower in the Sabah corruption scandal can blow his whistle as loud as he wants but the noise would fall on deaf ears in the absence of separation of powers, said PSM deputy chairperson S Arutchelvan.

On the same note, he said purchasing the “most sophisticated recording machines like pens with cameras” would also prove futile if the attorney-general’s “pen is not independent”.

“So I am sceptical that the whistleblower, MACC or other instruments like Suhakam, would have any real bite,” he told Malaysiakini.

Arutchelvan (above) said most Malaysians felt that the best time for the separation to occur was when Pakatan Harapan came into power in 2018.

“At the time, (then prime minister Dr) Mahathir (Mohamad) said the government cannot carry out separation of powers between the Public Prosecutor’s Office and the Attorney-General’s Chambers (AGC) because they don’t have a two-thirds majority in the Dewan Rakyat.

“In March the following year in 2019, (then) minister in the Prime Minister’s Department Liew Vui Keong said a working committee had been formed by the AGC to prepare a report and submit its recommendations for the cabinet’s consideration. One wonders what happened to that working committee?” he added.

For this separation to occur, Arutchelvan said legal amendments must be made on the functions of the roles of the AG and public prosecutor.

“The changes are for Article 145(3) of the Federal Constitution, Section 376(1) of the Criminal Procedure Code, and the definition of ‘public prosecutor’ under the Interpretations Act 1948 and 1967,” he added.

Arutchelvan pointed out that the current prime minister, Anwar Ibrahim, does have his two-thirds majority.

“But again, will there be political will for him to do the amendments and try to get an ‘A’ rather than a ‘D’? Will he get the support from Sabah?” he asked, referring to Bersih’s midterm report card score for the Madani government.

Funfair of corruption videos

The PSM leader quoted Bersih as stating that the separation could be delayed until after the 16th general election.

He said this is despite Deputy Minister in the Prime Minister’s Department (Law and Institutional Reforms) M Kulasegaran in January this year stating that there is a timeline for implementing the separation of powers between the AG and the public prosecutor.

“According to Kula, the government is prepared to table a draft bill by the end of the year as the draft is at its final stages of being studied.

“Now we have reached the last month of the year, and we have been fed with a funfair of corruption videos, yet nobody seems to be optimistic about seeing the separation of power taking place,” he added.

“The whistleblower can continue to blow his whistle but until there is a clear mechanism, the people in power are completely immune. The glue that sticks the AG to the public prosecutor appears to be just too strong,” he added.

Earlier, Malaysiakini reported that the whistleblower, who released seven videos of alleged corruption in Sabah, made the recordings using a pen fitted with a camera he purchased online.

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