Beruas MP Ngeh Koo Ham says this is because enforcement officials may not reveal all the facts, as in the case of the MCMC raids against Taiping MP Nga Kor Ming.
Ngeh said this was important in the spirit of the separation of powers. He said this in a statement lashing out at raids by the MCMC on the Taiping MP’s service centre in Taiping, his house in Ipoh and his parents house in Ayer Tawar.
Ngeh said the MCMC had “clearly acted illegally” against Nga as, before carrying out the raids, it had not verified if two purported offensive posts on Twitter and Facebook were indeed from the accounts of Nga.
He believed that if the respective magistrates who issued the search warrants had been informed that such verification had not been made, they would not have issued the search warrants.
Ngeh said: “I asked the officers who raided his (Nga’s) parents’ house in Ayer Tawar if they had verified that the postings came from the Twitter and the Facebook accounts of YB Nga Kor Ming. They answered in the negative. There have been so many fake postings attributed to YB Nga Kor Ming in the past.
“ It is fundamental in law that before a person can be investigated, there must be reasonable grounds to suspect that the person has committed a crime under the law.”
On Jan 18, the MCMC raided Nga’s home as well as his service centre and the home of his parents. It is understood that MCMC officers also confiscated his mobile phone and a laptop.
Ngeh said: “I sincerely believe that had the respective magistrates who issued the search warrants been informed that such verification had not been made, they would not have issued the search warrants.
“In the spirit of the separation of powers, it is my hope that the courts will take extra care before they make any order against a legislator who is elected by the people.”
He said the officer investigating Nga had threatened him that action would be taken against him for refusing to cooperate with a public officer when Nga refused to disclose the passwords to his accounts.
“ The MCMC has acted illegally in the first place and the act of threatening YB Nga Kor Ming is an offence under Section 124 of the Penal Code punishable up to 7 years of imprisonment and fine.”
He called on Minister of Communications and Multimedia Salleh Said Keruak to state who had ordered the “illegal actions” of his officers, and to take action action against the person who had issued the instruction.
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