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Friday, September 30, 2011

Any DPP can charge A-G, says Mat Zain

September 30, 2011

KUALA LUMPUR, Sept 30 — A former senior police officer called today on deputy publicprosecutors to show the “courage and will” to charge the Attorney-General with abuse of power.

Datuk Mat Zain Ibrahim dismissed the notion that Tan Sri Abdul Gani Patail is the sole Public Prosecutor as section 376(3) of the Criminal Procedure Code (CPC) allows his subordinates to bring criminal charges against anyone to court.

“Any DPP has the power to prosecute the A-G if they want to, anyone amongst them who has the courage and will. No one can stop them, not even the prime minister,” the retired city criminal investigation chief said.

Mat Zain has repeatedly accused Abdul Gani (picture) of abuses of power, beginning with the 1998 Royal Commission of Inquiry (RCI) on Datuk Seri Anwar Ibrahim’s black eye.

He has also claimed that an independent three-man panel had investigated criminal allegations against the A-G and one of them concluded the A-G had tampered with three expert reports in the black eye RCI.

“After all, it was just a DPP and not the Solicitor-General or the head of the Prosecution Department of the A-G’s Chambers who closed the investigation on the A-G,” Mat Zain said in a statement today.

Section 376(3) of the CPC states that “the Public Prosecutor may appoint fit and proper persons to be Deputy Public Prosecutors who shall be under the general control and direction of the Public Prosecutor and may exercise all or any of the rights or powers vested in or exercisable by the Public Prosecutor by or under this Code or any other written law except any rights or powers express to be exercisable by the Public Prosecutor personally and he may designate any of the Deputy Public Prosecutors as Senior Deputy Public Prosecutors.”

Mat Zain, who headed investigations into Anwar’s black eye, has also called for Prime Minister Datuk Seri Najib Razak to either form an RCI or a tribunal to investigate Abdul Gani’s conduct.

“If for some strange reasons the Cabinet considers that deceiving, misleading and insulting the Agong and government so blatantly is still a non-issue, then we are in serious trouble,” he said today.

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