Balancing the prosecution

The issue of prosecutorial discretion has drawn public interest following reports of two cases last year heard by the Court of Appeal. SMU Assistant Professor of Law Chen Siyuan noted that Professor Walter Woon (who was Attorney-General from 2008 to 2009) had revealed in a law journal article the internal workings of the AGC when it comes to making prosecutorial decisions. First, the DPP must be convinced of the accused person's guilt beyond reasonable doubt. Then, the admissible evidence is evaluated and he decides if it is in the public interest to prosecute. Finally, he determines whether a conviction is sought to rehabilitate, punish, deter or incapacitate. But SMU Associate Professor of Law Gary Chan said that since the reasons for the Attorney-General’s prosecutorial decisions are not disclosed, there does not seem to be a strong case for assuming that they are always constitutional. Concentrating so much power in one person is not consonant with the tenets of the rule of law, he argued. There is now increasing attention on defendants' rights "especially within the courts", Assistant Prof Chen noted, and that the public are clamouring for transparency and accountability.

 

Source
The Straits Times