We never 'withdrew' case against Zahid, DNAA followed due process, says AGC

Datuk Ahmad Terrirudin Mohd Salleh. -Bernamapic

PETALING JAYA: The Attorney General's Chambers (AGC) did not "withdraw" the case against Deputy Prime Minister Datuk Seri Dr Ahmad Zahid Hamidi, says Datuk Ahmad Terrirudin Mohd Salleh.

According to the Attorney General, former AG Tan Sri Idrus Harun had exercised his prerogative under the Federal Constitution to halt proceedings against Ahmad Zahid.

ALSO READ: I don't have power to influence court decisions, Anwar says of Zahid's DNAA

"The AGC never used the word 'withdraw' in the case involving Ahmad Zahid, as mentioned in the Malaysian Bar's statement.

"The statement (by the Malaysian Bar) referred to Article 145(3) of the Constitution that clearly gives full prerogative to the AG to, among others, halt proceedings of any charges," the AG said in a statement on Friday (Sept 8).

ALSO READ: Machang MP wants AG to explain Zahid’s DNAA at special Parliament sitting

On Sept 7, Malaysian Bar president Karen Cheah criticised the DNAA granted to Ahmad Zahid, saying the AGC's explanation on the matter was "devoid of proper justifications".

Cheah also claimed that it "rings hollow for the AGC to wholly attribute the withdrawal of the case to the High Court and use that reason in a media statement, instead of providing a detailed explanation".

Ahmad Terrirudin said that Section 254(1) of the Criminal Procedure Code states that the prosecutor, in any stage of the trial, may inform the courts that charges will not proceed.

ALSO READ: Zahid leaving it to AG to explain DNAA

"The AG can stop charges at any stage while the judgement hasn't been meted out and this includes the stage after prima facie being proven.

"It is also important to note that this isn't the first time where charges were halted after a prima facie case was proven," he said.

Ahmad Terrirudin also said the AGC is in the "best position" to decide on whether charges should continue as it will be based on a variety of factors, such as investigative reports and representations, among others.

Meanwhile, he said it was the job of an AG to consider every argument given by the accused and it will not rush into rejecting representations by anyone.

"The AGC's duty isn't to ensure that any of the accused are convicted at all costs.

"Instead, it is the AGC's duty to ensure that the law is upheld based on Blackstone's Ratio where 'it is better that ten guilty persons escape than that one innocent suffer'," he said.

Ahmad Terrirudin said the AGC requires time to scrutinise new documents and representations before making any new decision.

"The AGC hopes that everyone will stop speculating and spreading, as the department and investigative parties are still investigating new evidence on this case.

"The AGC will decide after detailed and comprehensive investigations are completed," said Ahmad Terrirudin.

On Monday (Sept 4), the High Court granted a DNAA to Ahmad Zahid for all 47 graft charges involving Yayasan Akalbudi funds

There has been a slew of criticisms against Ahmad Zahid's conditional acquittal from graft charges.