Your KiniGuide to what the AG can and cannot do

Attorney-general Mohamed Apandi Ali found himself under the spotlight after he cleared Prime Minister Najib Abdul Razak of any wrongdoing in the twin 1MDB and RM2.6 billion scandals.

Critics greeted this decision with scorn and bewilderment, and many have questioned whether he actually has the power to do so.

So what are the powers of the AG?

The AG, of course, has the power to prosecute, as enshrined under Article 145 of the Federal Constitution.

As the country’s top prosecutor, the AG is also responsible to advise the Yang di-Pertuan Agong, cabinet as well as ministers on legal matters.

According to Article 145 (3), the AG has the power to conduct or discontinue any proceedings for an offence.

Minister in the Prime Minister's Department Azalina Othman Said cited this article when she said the people should not question Apandi's decision as he has absolute powers to make such decisions.

However, Lawyers for Liberty (LFL) legal coordinator Michelle Yesudas has pointed to a court ruling last year which disputed the extent of AG's powers.

High Court judge Vazeer Alam then ruled that the decision of the AG can be challenged if it is based on an irrelevant consideration, exercised unlawfully, or if it is an abuse of power.

Can the AG continue to be the AG after he turns 66?

Yes. This is because the AG holds office at the pleasure of the Agong.

This means there is no age limit, unlike members of the Election Commission (EC), for example.

Apandi will turn 66 come Feb 11. Unlike former EC chief Abdul Aziz Mohd Yusof, who retired last month, it seems that Apandi will remain as the AG for at least another two-and-a-half years.

Apandi was appointed as the AG in July last year after his predecessor Abdul Gani Patail was replaced, ostensibly due to health issues. He is currently on a three-year contract.

What happens if the AG commits wrongdoing? Is there a special procedure to remove him?

There is no special procedure to remove an AG, unlike a judge. This is especially clear in how Gani was replaced last year.

If the AG does something wrong, he may be removed by the Agong on the advice of the prime minister.

What happens if someone lodges a report against the AG?

Given that the AG is the person who can decide on prosecution, a police report against him is not expected to go anywhere.

However, after the AG retires, the new AG can make a decision to charge the old AG if the latter was alleged to have committed wrongdoing.

Apart from lodging a report with the Malaysian Anti-Corruption Commission (MACC) against Apandi for alleged abuse of power, former Batu Kawan Umno division vice-chief Khairuddin Abu Hassan had also lodged a police report against him.

Where do the investigation papers go, then?

It is true that not all investigation papers will go to the AG as it would be difficult to go through every single one in the country.

The AG has delegated this to his deputy public prosecutors to do so.

But the decision to charge is solely within the AG’s jurisdiction.

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KiniGuide is a simple FAQ to help Malaysians understand current issues better. This guide was prepared by Alyaa Azhar with the help of lawyer Syahredzan Johan. -Mkini