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No man is above the law

22/03/2016

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Should Chief Minister Lim Guan Eng be investigated?

Recently there have been numerous facts and figures pointed out against Lim’s controversial bangalow.

Accusation is one thing, more importantly is whether  Lim committed an offence under the law?

Under section 165 of the Penal Code (Act 574), it states :

Public servant obtaining any valuable thing, without consideration, from person concerned in any proceeding or business transacted by such public servant

“165.   Whoever, being a public servant, accepts or obtains, or agrees to accept or attempts to obtain, for himself or for any other person, any valuable thing, without consideration, or for a consideration which he knows to be inadequate, from any person whom he knows to have been, or to be, or to be likely to be concerned in any proceeding or business transacted, or about to be transacted, by such public servant, or having any connection with the official functions of himself or of any public servant to whom he is subordinate, or from any person whom he knows to be interested in or related to the person so concerned, shall be punished with imprisonment for a term which may extend to two years or with fine or with both.”

Simply put, the relevant elements that require proof under s. 165 of the Penal Code are he is a public servant; accepted a valuable thing; from a person he knows and that the consideration  (purchase sum) given was known by him to be inadequate.

Thus under section 50 (3) of the Malaysian Anti-Corruption Commission (MACC) Act 2009 there is a presumption as follows:

” Where in any proceedings against any person for an offence under section 165 of the Penal Code it is proved that such person has accepted or attempted to obtain any valuable thing without consideration or for a consideration which such person knows to be inadequate, such person shall presumed to have done so with such knowledge as to the circumstances as set out in the particulars of the offence, unless contrary is proved.”

As Chief Minister, Lim Guan Eng is the presiding member of the State Executive Council and a member of the State Legislative Assembly, he is clearly a public servant, leaving the other ingredients under section 165 to be proved if he is charged.

Corruption in all manner and form cannot be condoned.

Everyone is entitled to a fair trial or to prove his case as one is presumed innocent until proven guilty.

Let the rule of law takes precedent.

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