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Posted by supermix2 > 2015-11-14 13:15 | Report Abuse
Find seditious recording and put Ali Tinju back in the dock, say former IGP, lawyers Police should be able to trace the recording of Malay Armed Forces Veterans Association president Mohd Ali Baharom's alleged inflammatory remarks against the Chinese to build a stronger case against him, a former top cop and lawyers said. One lawyer also asked how it was that police did not have a full recording given their presence at the scene during the July riots outside Low Yat Plaza in Jalan Bukit Bintang, Kuala Lumpur. Another said police had been known to be savvy in going after social media users who made seditious remarks online, and should be just as competent in tracing a video that had gone viral. Commenting on why the charge against Ali had been dropped, former inspector-general of police Tan Sri Musa Hassan (pic, right) said police must have evidence before they could build a solid case. He added that this was the reason Attorney-General Tan Sri Mohamed Apandi Ali had directed the police to gather further evidence on the ex-soldier's seditious remarks. Musa said it was common knowledge that Ali's video had gone viral, adding that the police could find it. "But they have to ascertain who recorded the video and the person must give evidence in court," Musa said. The situation came about after Apandi in a recent interview with The Malaysian Insider said the sedition charge against Ali, popularly known as Ali Tinju, had been dropped because the police could not come up with the audio recording of the alleged inflammatory remarks made by the ex-soldier. Commenting on his decision which was widely condemned, Apandi said without evidence, he was unable to pursue the case. "The actual recording was not enough. It was only a few seconds... We missed the 'seditious' part. "They (the police) couldn't find it. It wasn't forthcoming. I told them, 'This isn't enough, go find more.' They said, 'Cannot find.' So that put an end to it," Apandi had said. Ali was charged under the Sedition Act on July 16 but the prosecution dropped the charge in September, citing lack of evidence. He was accused of allegedly saying: "Okay, we want justice. This is the dignity of Malays, not because one Chinese boy attacked many Malays. This is Malay land. Unite, and attack the DAP Chinese who are rude." Lawyers for Liberty executive director Eric Paulsen (pic, right) said it was incredible that the police were unable to trace any recordings when there were so many people present during the July incident. He said another puzzling issue was the fact that the police themselves did not have a full recording when there were so many of them on duty at the scene that day, adding that in most cases, the police themselves would have recorded the speeches and comments made. "We expect the police to be professional, there were so many of them at the scene," Paulsen said. Criminal lawyer New Sin Yew said police investigations into Ali's case were "grossly negligent at best and malicious at worst". He added that it was strange that in the case of Ali, police were unable to conduct a thorough investigation despite having proven in the past that they were able to prosecute cases involving social media channels. "They just have to get the maker to obtain the recording, they should be able to do that. "And call the maker of the video as a witness," he said. New said the reality was that if the police had botched the investigation, there was nothing the prosecutor could do. "The job of the police is to investigate and collect evidence. "The prosecutor's role is to initiate and conduct criminal proceedings based on the police investigation and evidence. "In this case, the police investigation can be described as negligent at best and malicious at worst," he said. The decision to drop the case against Ali had sparked outcry from opposition politicians and civil society who demanded a review or explanation of the matter. They also raised concerns of selective prosecution where in the past, individuals such as Baling Wanita Umno chief Datuk Dr Mashitah Ibrahim, who had accused the Chinese in Kuala Kedah of burning the Quran during the Umno general assembly last year, and Malay rights group Perkasa chief Datuk Ibrahim Ali who called for Malay Bibles using the word "Allah" to be burned, had not been charged with sedition. – November 14, 2015.