Lawyers for Liberty executive director Zaid Malek has objected strongly to Attorney-General Ahmad Terrirudin Salleh’s statement that the public prosecutor need not give reasons to the public why criminal charges are withdrawn.
In the AG’s explanation today, this decision is within the public prosecutor’s discretion under the Federal Constitution to file or discontinue charges.
The roles of attorney-general and public prosecutor are held by the same individual. This dual constitutional power is currently held by Terrirudin.
“This is a disturbing statement coming from the attorney-general (AG) and disappointing that it was said at the ceremony opening the legal year.
“If the AG has no duty to give reasons to the public, as claimed by Terrirudin, it means he is not accountable to the public.
“This is a novel and unprecedented claim. To suggest that the AG’s powers are not accountable to the public is contrary to the rule of law and plain wrong,” said Zaid in a statement today.
He said that in Malaysia's democracy, there is no such thing as a public office that is not subject to public scrutiny and accountability.
“Further, the Federal Court has repeatedly ruled in decided cases that the AG does not have an absolute or unfettered discretion in instituting or discontinuing prosecutions.
“This was fortified and emphasised recently by the chief justice in the case of ‘Sundra Rajoo v Menteri Dalam Negeri & Others’,” added Zaid.
In the 2021 case, Chief Justice Tengku Maimun Tuan Mat said the AG’s discretion to discontinue any proceedings for criminal offences was amenable to judicial review.
Thus, Zaid said that as the discretion is not unfettered, reasons must be provided.
The exercise of a public duty can never be shrouded in secrecy, contrary to the rule of law, he argued.
“No public officer, whether AG or prime minister, can exercise his powers at his whims or refuse to disclose reasons. To do so would be despotism and not democracy.
“The AG’s statement appears to be a reaction to the widespread public criticism his office has received over the dropping of 47 corruption charges against Deputy Prime Minister Ahmad Zahid Hamidi, who is a key political ally of Prime Minister Anwar Ibrahim.
“If so, this explanation is legally and constitutionally untenable and does not instil confidence in the criminal justice system,” said Zaid. - Mkini
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