LETTER | The phrase “selective prosecution” is uttered quoted in Malaysian courts.
In the last few weeks, these words were used fervently not to describe that those charged with crimes did no wrong, but to state when others had done the same, “why weren’t they charged too?”
So basically, it is an admission of guilt; the only complaint is “why only me?”
If a procurement clerk uses this defence on a corruption charge of accepting gifts; it is quite understandable as there would have been others, including the superiors in that department who were accepting “gifts” for approving purchases.
The clerk at his/her level would be wondering “I am doing what some others are also doing but only I am charged for a wrongful act.” She/He would be wondering “why am I selected for prosecution?”. While we can sympathise, we cannot condone the act.
But for politicians who are highly paid and have taken the oath to serve king and county to frequently state this line of defence is unpalatable.
These politicians should ask themselves, “Was your act wrong?” instead of “Why only my act is wrong but not the others who did the same thing?”
Yes, if there was proof that others also did the same act and were not charged – this would appear rather unfair, but that does not absolve you. The act remains wrong and has to be treated as such in a court of law and acted on accordingly.
So, saying “selective prosecution” as a defence is an indisputable admission of guilt. Period.
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