Apandi, exercise your power judiciously, not arbitrarily

YOURSAY | ‘And no, he does not have the power to declare Najib is innocent.’

'AG has absolute power to declare PM innocent'

Res Ipsa: Minister in the Prime Minister's Department Azalina Othman Said, with your legal background don't you think you are merely embarrassing yourself by claiming that the attorney-general (AG) has the absolute power to declare someone innocent?

Isn't that not usurping the power of the judiciary?

The AG is the public prosecutor and he weighs all the available evidence to see whether a person should be charged in court. Once he has made that decision, it's up to the courts to adjudicate on the issue of innocence and guilt.

On the contrary, our public prosecutor has carried himself more as a defence counsel for the PM, which is hardly surprising given the manner of his abrupt appointment.

By the way, it is the general understanding of the public that the Malaysian Anti-Corruption Commission (MACC) investigations into the RM2.6 billion have yet to be completed.

So on what basis did Mohamed Apandi Ali clear PM Najib Razak on this matter? Perhaps Azalina could furnish the answer.

Oh Ya?: Yes, the AG has the power to decide whether to charge or not to charge an accused.

But such power should be exercised in the upmost judicious manner, certainly not the arbitrary manner in which Apandi exercised it.

His explanation is so poorly cooked up that it is indefensible - "it is illogical but not illegal", is the most a deputy minister could said.

Daniel: The current imbroglio which Najib is in is a personal in nature as the money was deposited into his private account and not into an account of the Prime Minister's Office.

Therefore, it is definitely wrong for the AG to be behaving and acting as Najib's personal defence attorney.

Caripasal: No, the AG does not have the power to declare Najib is innocent. The AG is only granted the sole responsibility to determine if the evidence is enough to charge Najib.

He cannot drop the charges if the evidence is rock solid, especially with the recommendation by MACC. The final verdict of innocence is the duty of a judge.

AG can be sacked by Agong for abusing his power if he fails to prosecute despite having solid evidence.

Anonymous 706151436780066: Indeed, the AG has no powers to declare anybody innocent. Such power is only held by the courts.

The AG can only decide whether he wishes to institute criminal proceedings against the PM.

Azalina is talking rubbish and does not have any inkling of the powers of the AG, which are subject to scrutiny.

The Analyser: The then authors of the Constitution naively thought that the AG would be British in his thinking with at least some degree of ethics and principles.

One would have thought that after 70 years of colonial rule, the Brits would have learnt something of the Muslim mind.

But then most of them would have been kampung layabouts with little or no access to money, power or the need to think. Not much has changed.

I wonder if the brilliant non-thinkers of the opposition have put any thought into updating the Constitution. Or do they want absolute power too?

I know that's a silly idea. I just thought I would throw it in to get you lot thinking for yourselves.

Turvy: Azalina, as with all politicians, you are short on the ability to think clearly. The exercise of absolute power, even if you are mixed up on that point, does not in any way preclude challenge or debate.

These issues will be remembered and discussed for generations to come. You will all be remembered for your betrayal of a nation and of truth and decency.

Kuasa Rakyat: All caring and upright rakyat should question and debate Apandi's "decision" even more vigorously as obviously no one believes that it is a "right" decision.

GE14Now!: There is another court where we can challenge this corrupt, totally unprincipled party - this will be in the court of public opinion and come GE14 we will show you that we, the people of this land, will no longer tolerate the corruption that is Umno.

You can proclaim by decree that the chief fundraiser is innocent and therefore claim that he is innocent. But any fool can see that this was just a charade.

You sack, threaten, transfer and generally intimidate those who seek the truth. Umno is well and truly corrupt and devoid of principles.

The Umno that was formed to rule the country is now there to plunder the country and to bring about its ruin.

Anonymous #44199885: That is true and therein lies the biggest problem to fighting graft against corrupt officials - the lack of accountability or even the need to fully explain one's decision. -Mkini