AG who prosecutes sitting PM may get fired, says ex-judge

No attorney-general (AG) will prosecute a sitting prime minister as he risks losing his job, said a former appellate court judge.

Speaking in general terms, Mohd Noor Abdullah, who is also a constitutional expert, said this is because the AG is appointed by the Yang di-Pertuan Agong on advice of the prime minister.

"No AG will prosecute the prime minister as the PM can retaliate by advising the Agong to sack the AG," he told a press conference at the Malaysian Anti-Corruption Commission (MACC) headquarters in Putrajaya today.

He pointed out that because of how the constitution had changed under former premier Dr Mahathir Mohamad, the Agong must follow the prime minister's advice.

Mohd Noor's remarks came two days after AG Mohamed Apandi Ali announced that Prime Minister Najib Abdul Razak would not be charged for any offences regarding the SRC International, and the RM2.6 billion issues.

Apandi said his decision cannot be challenged as the federal constitution grants him absolute discretion whether or not to prosecute.

In his personal capacity, Mohd Noor, who is also a MACC advisor, disputed this, saying that the AG's powers are not absolute.

"As AG your power is not absolute. You can decide, but you are answerable to the public," he said.

The former judge said the AG can also be brought to court if he had acted in bad faith.

However, Mohd Noor believes Apandi had not acted out of line, believing the AG had reviewed the MACC's investigation papers thoroughly.

On the same note, he does believe that Apandi should allow the MACC to continue its probe until they can really close the case.

"When he says ‘close the case, don't proceed’, the AG overstepped his powers a little," Mohd Noor said, adding that the AG's job is to prosecute, not investigate.

In his opinion, that the MACC advisory panel urged the graftbuster to engage Apandi was a polite way of saying that it was not happy with him ordering a halt to the investigations. -Mkini