A former and current MP reminded Attorney-General Dusuki Mokhtar that his “public interest guardian” role also covers corruption cases involving Deputy Prime Minister Ahmad Zahid Hamidi, as well as those touching on racial sensitivities.
The pair’s response came after Dusuki reminded his critics of his role as a guardian of the public interest, following growing calls from lawyers and members of the public questioning the rationale behind the murder charge in the case involving Amirul Hafiz Omar.
Speaking to Malaysiakini last week, Dusuki stressed that the Attorney-General’s Chambers (AGC) gave due consideration before deciding to charge 28-year-old R Saktygaanapathy under Section 302 of the Penal Code for causing the death of Amirul, a warehouse worker and delivery rider.
Former Klang MP Charles Santiago labelled Dusuki’s remarks as “raw power masquerading as law”.
“Stretching murder charges over cases that clearly lack mens rea or intent is not bold prosecution but a reckless distortion of legal principles.
“When the same office invokes ‘public interest’ to justify this excess, yet drops 47 charges against Zahid after a prima facie case is established, the mask slips entirely, and it exposes a system where the law is elastic for the powerful and unforgiving for everyone else.
“Here, the system is not just fundamentally flawed, but also politically captured. ‘Public interest’ becomes nothing more than a convenient slogan, deployed to punish the expendable and protect the connected.
“That is not prosecution. That is the slow, deliberate hollowing out of justice itself, and it’s preposterous,” Charles added.
DNAA, NFA for Zahid
On Jan 8, the AGC announced that no further action (NFA) will be taken in relation to a discharge not amounting to an acquittal (DNAA) granted to Zahid, even though the prosecution proved a prima facie case against him for the 47 criminal charges involving Yayasan Akalbudi funds.
The AGC’s decision caused widespread uproar, with lawyers from various quarters urging the AGC to explain why it has concluded that there will be no further action in the Yayasan Akalbudi case.
On Jan 28, Zahid filed his application for a full acquittal, following the AGC’s declaration regarding his charges.
Subsequently, on Feb 24, the AGC did not object to Zahid’s acquittal application on the 47 corruption charges.
Why so long to charge Zamri?
Jelutong MP RSN Rayer, meanwhile, questioned Dusuki on the time taken to charge certain racial provocateurs, reminding him that such cases also warrant him stepping up as a public interest guardian.
He named Muslim convert preacher Zamri Vinoth as the public figure of concern.
“The AG must act according to the rule of law and must not and cannot be swayed by emotions.
“If the AG is a public interest guardian, why did it take more than 1,000 police reports before Zamri was charged in court?” Rayer asked.
Rayer also named self-styled land activist Tamim Dahri Abdul Razak as another concerning individual.
“If the AG is serious as a public interest guardian, then in the case of Tamim, the AG should have applied for an arrest warrant without bail when he absconded and failed to turn up in court.
“Why didn’t the AG apply for a warrant of arrest without bail. If the AG had obtained it, then Tamim could be arrested where he is and brought back to Malaysia to face charges.
“At present, there is no arrest warrant issued by the court against Tamim. Why?” Rayer asked.
Tamim was supposed to be charged in Langkawi for stepping on a holy Hindu trident, or soolam, but prosecutors sought a postponement to bring him to court as he had fled the country.
He then agreed to surrender himself to the police on the condition that authorities demolish a list of allegedly “illegal” Hindu temples.
He made the statement on the Threads account for “Tanah Malaya”, an activist group he founded that actively collects and shares information about temples allegedly built without permission in Malaysia.
He previously courted controversy after he demolished the Sri Utchimalai Hindu temple in Rawang Perdana. - Mkini
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