Attorney-general defends Peaceful Assembly Bill

Attorney-general Abdul Gani Patail said the highly criticised Peaceful Assembly Bill was meant to “encourage freedom of expression” and that no one law would satisfy everyone.

Abdul Gani (right) claims the bill that has received continuous criticism all through its controversial fast track through parliament, had undergone consultation with the various stakeholders.

He said the law is meant to replace section 27 of the Police Act and is to encourage freedom of expression, which is enshrined in Article 10 of the federal constitution.

This, Abdul Gani said, includes the right to gather peacefully without arms but that the broad assurances is necessarily circumscribed by certain restrictions and conditions that are considered necessary and expedient in the interest of security and public order. 

"However, in consulting with the stakeholders, we are still governed by the Official Secrets Act (in not disclosing the whole contents).

"It is neither the role nor function of the Attorney-General's Chambers to lead or carry out such consultation," he said on complaints that many stakeholders have not been properly consulted.

'No Utopian law' 

The main aim of the legislation, he said is to ensure that the police will facilitate the organisers to be able to hold an assembly.

"Be that as it may, decisions have to be made and consultations cannot be carried out endlessly in an attempt to satisfy all interested parties.

"There can also never be a utopian law that satisfies all society. The bottom line is that there can never be a perfect legislation. It can only ever hope to be the right legislation to meet the exigencies of the relevant time," he said.

Abdul Gani also said all legislations must be proportionate and necessary.

“Most important of all, they must promote and retain the confidence of those who are to be regulated,” he emphasised.

The AG was speaking at the function opening the legal year by chief justice Arifin Zakaria this morning.

The calendar year also sees three foreign chief justices from Asean countries in attendance - Singapore chief justice Chan Sek Keong, Indonesian Supreme Court chief judge Harifin A Tumpa SH and Brunei chief justice Kifrawi Kifli.

The Peaceful Assembly Bill was tabled in November and passed hurriedly in Dewan Negara last month, despite protests by legislators, lawyers, civil society and the public.

One of the key criticisms of the bill is that it prohibits street protests.

Prosecutors to remain apolitical

Abdul Gani said elections look imminent this year.

“There we can anticipate the traditional political adventurism and controversies. As members of the legal fraternity, we are bound by our oath of office to remain apolitical.

“It is incumbent on us to hold steadfast to dealing honourably by offering sound and proper advice to our clients. The honour and integrity of our profession not only depends on this, it demands it,” he said.

He also said that this year would also see the full implementation of the pre-trial processes that was initiated in 2010, to expedite the disposal of criminal justice.

Abdul Gani said pre-trial conferences, case management and plea bargaining have been fine tuned through further amendments of the Criminal Procedure Code in 2011.

“The changes made by the 2011 amendments under section 172B, exhibits may be marked by the court even at the case management stage so long as it is consented to by the parties.

"It also clear that time limitations in case management process was to expedite the trial process and overcome the backlog of cases,” he said.

“Any failure to commence the case management process or the trial within the trial stipulated under the section shall not render the charge and prosecution against the accused defective or invalid.”

Abdul Gani also pointed out in plea bargaining under section 172D of the CPC empowers the court to impose a lighter sentence however, he stressed plea bargaining does not apply to sexual offences, offences against children, and offenders who have previous convictions for serious offences.

He ends his speech in assuring the chambers continued support, cooperation and assistance in the task of upholding the rule of law and dispensing justice.