MALAYSIA, BRITAIN SIGN TREATY ON MUTUAL ASSISTANCE IN CRIMINAL MATTERS

KUALA LUMPUR, July 21 (Bernama) -- Malaysia and Britain Wednesday signed a
treaty to cooperate in the prevention and combating of transnational criminal
activities.

The two countries signed the Treaty on Mutual Assistance in Criminal
Matters, signifying both governments' highest commitment in the matter and
providing for cooperation between their respective law enforcement authorities.

Attorney General Abdul Gani Patail inked the pact on behalf of Malaysia
while Britain's High Commissioner to Malaysia William Boyd McCleary represented
his country.

Mutual assistance in criminal matters is the process by which states request
and render assistance in the collection of evidence to be used in a criminal
matter, for example an investigation or criminal proceedings.

As such, this treaty intends to facilitate this process between Kuala Lumpur
and London by putting in place a formal bilateral mechanism for the gathering of
relevant evidence in each other's countries for the purpose of criminal
investigations and criminal proceedings in their respective countries without
affecting the existing informal mechanism.

"This treaty has taken two and a half years to conclude and represents a
significant advancement of cooperation between the law enforcement agencies of
Malaysia and the United Kingdom," said Abdul Gani in his remarks before the
signing ceremony at the residence of the British high commissioner, here.

The treaty features a broad range of assistance, including the taking of
evidence by way of judicial process, the taking of voluntary statements of
persons, the provision of relevant documents, records and items.

Making arrangements for persons to assist in an investigation or appear as a
witness, executing search and seizure, effecting service of documents.

Identifying, tracing and recovery of proceeds of crime and property and
instrumentalities derived from or used in the commission of an offence and any
other form of assistance not prohibited by the laws of the requested state.

Malaysia and Britain began the negotiations on the treaty out of mutual
interest to enhance the two countries' cooperation to combat transnational
crime, including international terrorism, trafficking in persons and smuggling
of migrants.

Abdul Gani said the treaty actually formalised successful mutual assistance
cooperation which had been ongoing on the basis of the respective domestic laws
since 2003, and the principal advantages were the institutionalisation of
clearer procedures in the making and execution of requests for mutual assistance
in criminal matters and reciprocity.

He said that though the treaty was signed today, it would not automatically
or immediately come into force but upon the exchange of the instruments of
ratification between the parties.

"On our part, Malaysia will ensure its internal procedures are completed
expeditiously for this purpose," he said.

Abdul Gani said the treaty also provided for assistance in the recovery and
repatriation of proceeds of crime in forfeiture measures as an added sanction
and deterrent.

McCleary, in his remarks, said he was confident the signing of the treaty
would lead to more and closer collaboration between the two countries'
authorities and greater success in the joint efforts to fight crime.

He pointed out that there had been numerous instances of actual mutual legal
assistance given by each side upon request, citing the instance of Operation
Gecko by British police which resulted in the conviction of six Malaysians and
Britons.
-- BERNAMA


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