PUTRAJAYA: The amended Section 114A of the Evidence Act 1950 still holds the prosecution responsible to carry out a comprehensive investigation before proceeding with a prosecution, said Attorney-General Tan Sri Abdul Gani Patail.
He said no charge could be made against anyone simply because the person’s name had been linked to a published article.
It was imperative, said Abdul Gani, to first prove that an article was offensive in nature and that it was written or published by the person concerned.
“This is because we know that a person’s name can be used.
“There are many people with the name Abdul Gani in Malaysia and possibly, there are people who use the name.
“We cannot simply charge the person. An investigation has to be carried out to determine the facts.
“Otherwise, we are not being responsible.
“If you have a computer, I have to prove that you uploaded the article from your computer and I have to prove that you have Internet facilities.
“Otherwise, I cannot prove my case,” Abdul Gani said after a briefing session on the provision at the Attorney-General’s Chambers here yesterday.
Gazetted and enforced in July, the amendment has sparked a controversy. Critics say this would presume publication and ownership of offensive items posted on the Internet unless proven otherwise.
Abdul Gani said his office would make the necessary recommendations after gathering feedback on the amendment from all groups, including the Human Rights Commission of Malaysia and the Bar Council. – Bernama
Source: Bernama
Published: Wednesday, September 19, 2012
THE CHAMBERS OF LEE & CHONG 