KUALA LUMPUR: Prosecutors have lost many graft cases because witnesses turned hostile, said Minister in the Prime Minister’s Department Datuk Seri Nazri Abdul Aziz.“Cases are lost when witnesses, who initially made sworn statements, went back on their word in open court proceedings and denied what happened,” he said, when replying to a supplementary question by Dr Tan Seng Giaw (DAP-Kepong) at the Dewan Rakyat on Wednesday.
Nazri added that when this happened the witness could be charged for perjury and may be sentenced to jail.
“Cases are jeopardised due to the witness’ change in attitude but such matters could not be avoided,” he said.
Nazri said in corruption cases, the Attorney-General’s Chambers would continue to have the sole power to prosecute while the Malaysian Anti-Corruption Commission (MACC) would remain the investigating body.
“The top 10 countries in the Corruption Perceptions Index practise the same principle.“Only one country allows the investigating body to have the power to prosecute as well,” he added but did not name the country.
He said there are 100 other countries that separated the powers.
“The majority must be right, so we will follow suit,” Nazri said.M. Manogaran (DAP - Teluk Intan) said he came across a letter bearing the MACC letterhead and signed by a deputy public prosecutor.
“This letter was signed by a DPP to allow prosecution to take place.“However, the letter bears the MACC letterhead. This shows there is no clear separation,” he said.
Nazri clarified that some DPPs were seconded to the MACC to enable proceedings to be carried out quickly.There was, therefore, no need to send investigation papers to the A-G’s Chambers, he said, adding that DPPs sent to MACC branches in different states were able to use the letterheads from the respective offices.
Source : http://thestar.com.my/news/story.asp?file=/2010/10/27/nation/20101027133103&sec=nation&utm_source=twitterfeed&utm_medium=twitter
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