LETTERS: Should the attorney-general explain the reasons for dropping charges in high-profile cases?
This question should be answered in the context of the two concepts of the law and the public good.
Yes, the law does not require the A-G to explain his reasons, but is that in the interest of the public?
The law refers to a set of rules and regulations that are enforced by the government to maintain order and protect citizens' rights while the public good refers to the wellbeing of society.
While the law is designed to protect individual rights, it may not always align with the public good.
For example, a company may be legally allowed to pollute the environment, but this would not be for the public good as it would harm the environment and the health of the people.
Similarly, a law that allows discrimination against a group of people would not be for the public good as it would violate the principles of equality and justice.
It is important to strike a balance between the two to ensure that the rights of individuals are protected, while also promoting the overall welfare of the community.
Offering clear reasons for withdrawing charges promotes transparency in the legal system. It allows the public to understand the decision-making process and ensures that the Attorney-General's Office is held accountable for its actions.
When charges are dropped without explanation, it can erode public trust in the justice system. Providing reasons helps maintain the confidence of citizens in the integrity of legal proceedings.
Requiring explanations for charge withdrawals serves as a safeguard against potential abuse of power. It ensures that decisions are made based on legal merits rather than political or personal considerations.
Publicly stated reasons can serve as legal precedent for similar cases in the future.
Providing reasons ensures that all parties involved, including the accused, victims and the public, understand why charges were dropped. It promotes fairness and equality under the law.
Knowing that withdrawals require justification can deter frivolous or unjustified charges in the first place. Prosecutors may think twice before initiating cases they cannot sufficiently justify.
Reasons for withdrawing charges help clarify the legal standards and criteria used by the Attorney-General's Office. This clarity can guide future legal proceedings and interpretations of the law.
In cases where charges were initially filed in error, providing reasons allows for acknowledgment of mistakes and corrective actions. This helps rectify any injustice caused to the accused.
Explaining the rationale behind charge withdrawals can be an educational opportunity for the public as well, helping them understand the complexities and challenges of the legal system.
Publicly articulated reasons can stimulate public discourse on legal matters, promoting a better understanding of the legal process and its implications.
In essence, providing reasons for withdrawing charges after they have been proffered is a fundamental aspect of a just and accountable legal system.
It ensures that decisions are made based on law, evidence and fairness, rather than arbitrary or undisclosed factors.
TAN SRI LEE LAM THYE
Kuala Lumpur
The views expressed in this article are the author's own and do not necessarily reflect those of the New Straits Times