The forthcoming Financial Crimes Commission that will be introduced by this government “n’a pas sa raison d’être”, meaning has no reason to exist. According to certain logical principle, such a legislation is against the Judges Rules, an existing statutory law that lawyers always make reference in a Court of Law during trial sessions.
Moreover, that new legislation of Financial Crimes Commission will no doubt bypass and slightly marginalise the power of the DPP in the prosecuting system. It will also affect certain categories of public servants.
This Financial Crimes Commission legislation will be too controversial and will upset our legal and judicial system if it becomes effective. The President of the Republic will appoint a Director General in the office of Financial Crimes Commission upon the recommendation of the PM who will only inform the Leader of the Opposition as a mere formality. The Director of the Financial Crimes Commission will have the same power of DPP, Commissioner of Police and ICAC for the investigation and prosecution of offenders of fraud in the financial sector and other serious criminal offences.
It is to be noted that the office of the Director General of the Financial Crimes Commission will not be a legal constitutional post similarly to the DPP and the Commissioner of Police posts. The post of the Director General in the Financial Crimes Commission is a “political nominee” job by the PM who will make recommendation to the President of the Republic. It sounds like job for the boy. There is a possibility that a certain Navin Beekharry could be nominated for such a post of Director.
It is worth mentioning that many people are against this new system because people feel insecure for their general safety as most of them have lost confidence in the police and other public institutions. There is this perception that such a system will be highly unfair and bias against real justice in this country. It will defeat the true fundamental principle of our legal system. Any civil servant, public officer who is not in the good book of the Authority can be persecuted and be sacked in his at any time. Such is the danger where all civil servants will have each a Damocles sword over his head.
How on Earth can we, as fully abide honest citizens of this country trust such Financial Crimes Commission monitored by political nominees? So far this Financial Crimes Commission is a mere irrelevant legislation just to coerce and penalise certain categories of people. Such a legislation poses great threats to certain journalists, civil servants and members of the Opposition political parties.
One has got to bear in mind that most of the DPP’s jobs has been hijacked by the Financial Crimes Commission. However, it will be difficult for the Director General of the Financial Crimes Commission to completely phase out the jobs of the DPP as the latter form part as a constitutional Post. We all know that the new Financial Crimes Commission is not a constitutional post and that its director is only a mere political nominee. Our DPP will still have his say and prerogative on major criminal matters instead on petty matters such as provisional charges. It remains to be seen how long will this legislation last.
By Ahmad Macky
