The public prosecutor does not need to give reasons for seeking the withdrawal of criminal charges, said Attorney-General Ahmad Terrirudin Salleh.
The roles of attorney-general and public prosecutor are held by the same individual. This dual constitutional power is currently held by Terrirudin.
In a speech at the opening of Legal Year 2024 in Putrajaya this morning, Terrirudin noted he is empowered to make any such decision under the Federal Constitution.
“While discharging this constitutional obligation (under Article 145(3) of the Federal Constitution), the public prosecutor is not bound to furnish any reason whatsoever to any parties (on reasons for seeking the withdrawal of charges against an accused).
“The office of the public prosecutor must be allowed to discharge its duty within the confines of the Federal Constitution and any written laws without any unnecessary external interference,” he said.
“All stakeholders must therefore understand this and respect the prerogatives of the public prosecutor’s role and must act fairly towards all parties without being selective towards certain matters, which will only result in sheer wastage of time and resources.
“This is also true in matters which appear to look frivolous or trivial, as AGC (Attorney-General’s Chambers) still needs to respond to every matter professionally,” he added.
Zahid’s DNAA
On Sept 4 last year, the prosecution applied to withdraw the Yayasan Akalbudi corruption charge against Deputy Prime Minister Ahmad Zahid Hamidi.
The Kuala Lumpur High Court then allowed the prosecution’s application for a discharge not amounting to an acquittal (DNAA).
Unlike a full acquittal, a DNAA still opens an accused to being recharged over the same offence if the prosecution still wishes to do so.
The prosecution’s DNAA bid was done during the time of outgoing AG Idrus Harun.
Terrirudin took over as AG on Sept 6 last year.
The Malaysian Bar currently has a civil challenge at the Kuala Lumpur High Court seeking to nullify the prosecution’s decision to seek DNAA in Zahid’s case.
No tolerance for those inciting 3R
Meanwhile, during the event at Putrajaya, Terrirudin said that he would take immediate action over cases involving race, religion, and ruler (3R).
"We are very much aware of the danger of misusing and manipulating issues relating to 3R, which could lead to possible disruption, endanger the peaceful lives of people and threaten national security.
"Hence, I will not hesitate to bring any offender before the face of justice and take stern action, subject to evidence of course, to maintain peace and order in this country, including invoking the Sedition Act 1948 and any other written laws if necessary," he said.
He noted that Malaysia is currently governed by the Madani government, which was formed through mutual consensus of different political parties for a common purpose of governing the nation towards excellence and being people-centric administration.
"To echo the words of the Prime Minister Anwar Ibrahim, the core principles of Madani are accountability and transparency.
"I reckon that these principles are not only confined to the nation's administration and governance but they are also relevant to the legal fraternity.
"It is hoped that these principles will remain intact and could reach greater heights with the new formation of the Madani government," Terrirudin said. - Mkini
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