What does Najib’s addendum have to do with the PM?

 

From Hafiz Hassan

Yusoff Rawther, a former research assistant, has reportedly submitted a representation to the attorney-general (AG) seeking to dismiss a drug trafficking charge brought against him.

Representations to the AG can be submitted at any time and at any stage if an accused has strong basis and there are many deviations in the prosecution against him, such as the misuse of powers in prosecuting, investigation issues, and evidence of witnesses in the case.

Representations are normally sent to seek a reduction or withdrawal of charges.

It has been said there is no written law to govern the practice of making representations. Their use, however, has been established through practice over a long period of time. There is nothing illegal or unconstitutional about the process.

A representation is addressed to the AG, who is also the public prosecutor. So, it is for the AG to consider the representation(s) made by the accused. It has nothing to do with the prime minister or the Cabinet.

The prime minister or any Cabinet minister should not be interfering with the work of the AG and his legal professionals in the Attorney-General’s Chambers (AGC). Any interference would go against the separation of powers entrenched in the Federal Constitution.

Now, if a purported addendum order made by the previous Yang di-Pertuan Agong was sent by Istana Negara addressed to the AG, what has it got to do with the prime minister?

Perhaps we can agree with Pasir Gudang MP Hassan Karim, who said Prime Minister Anwar Ibrahim does not need to resign over the purported addendum order allowing former prime minister Najib Razak to serve the remainder of his sentence under house arrest.

Hassan said the Court of Appeal’s ruling on Monday in fact showed that the principle of separation of powers is functioning well in Malaysia, especially as Anwar has repeatedly explained that neither he nor the government can interfere with court proceedings and judges’ decisions.

As Hassan puts it: “Do we want Anwar to interfere in the professional work of the government’s lawyers and the AGC? Surely, we do not want the prime minister to be required to go to such lengths.”

The pardons board is a legal entity by itself, constituted under Article 42 of the Federal Constitution. The AG is a member of the board and advises the board. A Cabinet minister is only a member of the board – Article 42(11).

Should we then go along with the mantra: “Semua salah PMX” or “Everything is PMX’s fault”? - FMT

Hafiz Hassan is an FMT reader.

The views expressed are those of the writer and do not necessarily reflect those of MMKtT.