AGC must explain appeal withdrawal in Ku Nan's graft case - Malaysian Bar

The Attorney-General's Chambers (AGC) must explain its decision to withdraw an appeal against former federal territories minister Tengku Adnan Tengku Mansor's acquittal in a graft case.

In a statement, the Malaysian Bar said it was "perturbed by the AGC's purported decision to withdraw the appeal, taking into consideration the fact that the Court of Appeal’s decision was not unanimous".

"The attorney-general (AG) is the principal legal adviser to the government and is also the public prosecutor. The power granted by the Federal Constitution to institute any proceedings for an offence is exercisable at his discretion.

"It is our view that the reasons behind withdrawing an appeal in such a high-profile case must be revealed to demonstrate accountability to the rakyat," said the Malaysian Bar president AG Kalidas.

"It is axiomatic that the AG must answer for the exercise of the constitutional power that he holds and the discretion to discontinue prosecutions because these powers are exercised on behalf of the rakyat and for the rakyat," he said.

"The wide-ranging discretionary powers held by the AG in his capacity as the public prosecutor must be weighed comprehensively against the rule of law and the administration of justice.

"Any suggestion that a public figure is able to use his/her influence to buy himself/herself out of accountability must be avoided at all costs," he said.

On Nov 17, The Edge reported it had “reliably learnt” that the prosecution had since withdrawn its appeal against Adnan’s acquittal.

Last December, the Kuala Lumpur High Court convicted him of accepting a RM2 million bribe in his former capacity as the federal territories minister from businessperson Chai Kin Kong, the director of property development firm Aset Kayamas Sdn Bhd.

Adnan, or widely known as Ku Nan, 70, was sentenced to 12 months in jail and fined RM2 million. The Court of Appeal later quashed the conviction in a 2-1 majority decision.

Shortly after the decision, the AGC as the prosecution filed an appeal with the Federal Court. - Mkini