The Coalition for Clean and Fair Elections (Bersih) today gives Prime Minister Anwar Ibrahim one week to announce the government's roadmap for separation of powers between the attorney-general and public prosecutor.
This comes hours after the Kuala Lumpur High Court granted Deputy Prime Minister Ahmad Zahid Hamidi a discharge not amounting to an acquittal (DNAA) of the corruption case involving millions of ringgit from Yayasan Akalbudi.
In a statement, Bersih expressed its dismay over the ruling which was made following a DNAA application by the prosecution in the Zahid case, which it said was "unacceptable".
"As the anti-graft and reformist credentials of his Madani government come under serious doubt following this decision, Bersih urges Anwar to announce within this week a clear roadmap and timeline for the separation of public prosecution from the Attorney-General's Chamber (AGC).
"As it stands now, the attorney-general is a political appointee advising the government, who also plays the dual role of public prosecutor who holds the power to initiate or drop criminal charges.
"This power can be abused or weaponised for political reasons. The separation of powers has been advocated by Bersih and civil society groups and we have come up with thorough recommendations on how it can be done. The only action left is to implement it," the statement reads.
Bersih said the AGC must also refrain from withdrawing any more charges involving high-profile cases until the powers between the AG and public prosecutor are separated.
In the case of defective charges, it said the matter should be decided by judges instead of prosecutors "who are ultimately under the prime minister's control".
"Malaysians are sick of seeing this correlation: those who stay in power forever stay innocent, while those who lose power also lose their innocence."
This morning, the Kuala Lumpur High Court granted the DNAA for all 47 charges related to Yayasan Akalbudi following an application by deputy public prosecutor Mohd Dusuki Mokhtar.
Zahid’s counsel Hisyam Teh Poh Teik, however, had sought a full acquittal.
The DNAA opens the possibility of Zahid being recharged in the future if prosecutors wish to revisit the matter.
Bersih in its statement also called the prosecution team to explain to the public why they requested the DNAA.
This was especially after they had managed to establish a prima facie case against Zahid, it added.
"The AGC must also reveal what possible new charges or new directions of investigation they are studying against Zahid.
“If there is no plan for new charges, then this might amount to providing an escape route for Zahid to apply for acquittal within months.
"Thus, Bersih calls on the prosecution to review the DNAA evidence and all 47 charges again and recharge if necessary." - Mkini
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