Dropping of charges against 12 raises questions that beg to be answered — Hafiz Hassan | Malay Mail

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FEBRUARY 22 —  The decision of Attorney General Tan Sri Tommy Thomas to discontinue prosecution proceedings against the 12 persons for alleged links to the Liberation Tigers of Tamil Eelam has been lauded by many. Bukit Gelugor MP Ramkarpal Singh said the decision was a “sound one”. (c)...

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requires a consideration of both the sufficiency of the evidence and the public interest.

A prosecution should not proceed if there is “no reasonable prospect” of a conviction being secured. In short, both the UK and Australian prosecution guidelines require a consideration of both the sufficiency of the evidence and the public interest. Now, it is also significant that both the UK and Australian prosecution guidelines treat discontinuance of a prosecution separately from institution of prosecution. The former is considered as part of a review or reassessment of the decision to prosecute.

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