Normal Practice!

• 7 December 2019
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Former Attorney General in Najib’s time Apandi is quoted as saying that it is “normal” for an appeal to be filed whenever someone is acquitted in a criminal trial.

NORMAL? In the civilised world, in which he obtained his qualification to practice law, it is UNHEARD of to do so. A criminal trial takes place to determine whether the accused is guilty as charged. If he or she is acquitted that is an end of the matter and, in all civilised jurisdictions, entitled to plead “autrefois acquit” or already acquitted.

An acquittal in a criminal trial shows that there was not sufficient evidence against the accused or that the prosecution was improperly managed. If there to be any consequences in such cases they should fall on those responsible, such as the police investigators, incompetent prosecutors and so on. Certainly NOT on the person acquitted.

It was a sad commentary on the legal profession in Malaysia that a former Attorney General could deliver himself of such nonsensical statements and a reminder that there is still extensive work to be done to clean out and repair the erosion of a once proud justice establishment.