Saturday, July 25, 2009

Death of one life not worth the setting up of RCE

AG explains

In a statement issued later, Gani defended the creation of an inquiry into the cause of Teoh's death saying that it would be duplicitous for a Royal Commission to be created for that purpose.

"A magistrate can dispense with an inquiry if he is satisfied of the cause of death," adding that in other cases such as sudden death, it is mandatory to hold an inquiry.

Gani said he had acted under section 339 (1) of the Criminal Procedure Code to direct the Magistrate to hold an inquiry into the cause of Teoh's death.

In addition, the attorney-general said that the government has decided to set up a royal commission of enquiry.

"The functions of this royal commission must not be confused with an inquiry under the CPC," he said, adding that Section 2 of the Royal Commission of Enquiry Act 1950 makes reference to the conduct of government officers and departments for public welfare.

Welfare matters he said, relates to the well being of society and "cannot be stretched to cover an inquiry into the death of this nature."

He said a royal commission of enquiry was set up to look into the tragedies of the Penang Ferry Terminal and Bright Sparkles Fireworks case where many lives were lost.

"But the royal enquiry was not set up to look into the cause of death of a person. But rather it was set up to enquire matters pertaining to administrative, management and compliance with safety procedure and standards," he added.

Therefore, he said, it is only fitting that the court of law determines the cause of death.
(Source: Mkini - Support Mkini - Subscribe to Mkini!)

That one life was a member of the public, a member of the society. That one life represents all of us, the rakyat.

Does the RCE Act specifically mention the number of people that constitutes the public? Does the public not make up of every individual? I am a member of the public.


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