AGC must not take instructions from the PM or Executive, says MCA

PETALING JAYA: The MCA has called on the Attorney General's Chambers (AGC) to remain impartial and free from political interference following allegations that it is taking instructions from the Prime Minister and the Executive branch of government.

MCA central committee member Chan Quin Er (pic), who is a lawyer, said that an e-mail circular by Solicitor-General III Datuk Mohamad Hanafiah Zakaria that has gone viral suggests that AGC is not acting independently.

"The circular strongly references a Cabinet meeting held on Dec 19 last year and strongly suggests that the AGC is taking instructions from the Prime Minister that criminal cases filed on unnamed certain individuals must proceed as per agreed schedule and cannot be delayed.

"This suggests that the AGC is not acting independently and is taking instructions from the Executive branch in what can only be described as political interference.

"It is necessary we look seriously into it," she said here on Saturday (Feb 9).

Chan, who was a federal counsel from 2014 to 2018, said that the impartiality of the AGC was now in question.

"The circular issued by Mohamad Hanafiah, who was acting upon instruction from Attorney General Tommy Thomas, orders that any appeal for a postponement on cases involving SRC International, 1Malaysia Development Berhad (1MDB) and others linked to a 'kleptocratic government' are to be heavily objected to.

Chan also said the integrity of the AG and the prosecution has been compromised because of the use of the term.

"The AG is obviously acting with partisanship following 'subtle pressure or interference' by the Prime Minister and the Cabinet into the government's prosecuting body," she added.

Prior to wrestling federal power, Chan said DAP and Pakatan had talked about the need for an independent AGC and judiciary.

"But now they are practising otherwise by interfering with the AGC.

"The public expects the AGC to uphold the rule of law and disallow any meddling from the Executive.

"Everyone is considered innocent until proven and found guilty by the courts," she added.

When contacted, Mohamad Hanafiah confirmed that the circular was an internal directive to officers handling the cases and there was "nothing wrong with it".

He also reiterated that the instructions to heavily object to any application to postpone the hearing was because the government was "ready and prepared to go with the prosecution".

When asked about criticisms levelled at the AGC's impartiality, Mohamad Hanafiah was unconcerned.

"They can say whatever they want. Once all the necessary preparations are ready, we will go ahead with the prosecution," he added.- Star