KUALA LUMPUR – Despite calls from various quarters, particularly politicians, for the introduction of new laws or amendments to existing ones, former Chief Justice Tun Zaki Azmi has argued that Malaysia does not need additional legislation. Instead, he believes that current laws are not being fully utilised, particularly by prosecutors.
During a recent appearance on the Scoop Trick Lama podcast, Zaki shared his views on how the legal system could be more effective if authorities were to make use of the broad range of existing legal provisions.
He pointed out that the focus should not be on creating new laws, but rather on applying the ones already in place to address a wider array of offences.
He emphasised that prosecutors should explore the broader application of existing legal provisions to ensure that offenders can be arrested or prosecuted effectively.
“Prosecutors must not rely on a single law when pursuing a case. Often, we hear politicians claiming in the media that certain laws do not exist, or amendments or new legislation are necessary.
“From my personal experience, I’ve learned from some US police officers that if they cannot charge gangsters under gangsterism laws, they use tax evasion offences instead.
“We also discussed drug-related cases. You don’t always need to rely on drug laws. There are numerous other legal provisions, such as the Immigration Act, that can be used to detain individuals,” Zaki said.
The podcast was hosted by Big Boom Media’s Group Editor-in-Chief Terence Fernandez, Chief Executive Datuk Zainul Arifin, and Group Executive Director Datuk Ahirudin Attan. Former Federal Court Judge Tan Sri James Foong Cheng Yuen also featured as a guest.
When asked how legal reforms should be implemented in the current context, Zaki expressed frustration with repeated calls for new or amended legislation, noting that many existing laws remain underutilised.
He cited the example of illegal motorcycle racing.
“For years, I’ve highlighted that illegal racers, or ‘mat rempit’, when caught racing, are uninsured. Authorities could prosecute them for using uninsured vehicles, which, by law, would automatically result in a suspension of their driving licences.
“This provision exists. Racing endangers public safety, insurance policies don’t cover them, and they are breaking the law. Yet, no one has fully utilised this law to tackle the problem,” he lamented.
In response, Foong emphasised that the interpretation of laws must be broad and adaptable to various circumstances and scenarios.
“One issue is that laws today are often politically driven or designed to cater to current demands and trends. Some legislation passed in Parliament lacks thorough debate or depth.
“However, laws must be expansive enough to address a wide range of situations and shortcomings,” he said.
On the issue of discharge not amounting to acquittal (DNAA) decisions in high-profile cases, James described it as a tool for resolving matters efficiently but acknowledged its limitations.
“DNAA allows cases to be settled quickly, saving time for the accused. However, it leaves a sense of unresolved accountability for the authorities.
“Malaysians also have short memories. In countries like Australia and England, DNAA isn’t a concept; cases are seen through to their conclusion to clear a person’s name. Here, our perspective is far more limited,” he said.
Zaki added that DNAA decisions could be exploited as a political tool.
“Yes, it can become a political weapon. It’s a quick fix, but the courts often bear the blame when charges are withdrawn,” he said. – December 17, 2024