Attorney-General - hand-over vs game over

A couple of weeks ago, the Sessions Court granted a discharge not amounting to an acquittal (DNAA) to an individual for five counts of money-laundering involving US$248 million of 1MDB funds, apparently due to an application by the prosecution for the DNAA.

I do not wish to go into the legal aspects but would like to discuss on the hand-over process.

In May 2019, reports showed the new inspector-general of police officially taking over duties in a handing-over ceremony officiated by the home affairs minister. In the same month, a new chief justice was appointed as was announced by the Prime Minister’s Office. Recently, the new prime minister appointed a new attorney-general (AG).

However, for the latter two appointments, there was no handing-over process with the predecessors. I guess it is the same with the new prime minister.

The issue here is the confusion created after the decision made by the Sessions Court.

The new AG insisted that his predecessor was prepared to consider a representation for a settlement. Apparently, he has been advised that his predecessor, after perusing the letter of representation, was prepared to consider the representation. 

Even the MACC and government officials have said the settlement through the representation in court was a decision that had been considered and agreed to by his predecessor.

On the other hand, the former AG was compelled to issue a statement and said it is a lie that he agreed with the representation.

I am baffled why a formal institution of government whose client management statement states, “Efficient, Fair and Just” does not practice hand-over procedures when there are so many high-profile cases at hand. There have also been calls to the one who briefed the new AG to be subjected to serious and strenuous questioning. This is unnecessary if there was proper hand-over.

Are we religiously following the Westminster system? When Theresa May resigned, she headed for Buckingham Palace to formally tender her resignation and recommended that Her Majesty send for Boris Johnson. When Barack Obama wanted to leave office he welcomed Donald Trump to the White House as the next president.

As for political appointees, Malaysia has had only two politically-appointed AGs. In the 80’s, the position was changed from a political appointment to that of a civil servant. I guess in the UK, the AG is a political appointee and the public prosecutor is a civil servant. In Malaysia, both functions are discharged by the same person, the AG.

Not too sure whether the AG does take instructions from the powers-that-be or is really independent.

We can pass thousands of laws, cry for rule of law and good governance but there is one thing that can frustrate all of these - bargaining. Hence, the DNAA mentioned above.

“Stand out firmly for justice, as witnesses to God, even as against yourselves or your parents, or your kin, and whether it be against rich or poor” (Qur'an 4:135).

I hope they do not start bargaining with God as it will be game over. - Mkini