AG says not bound to explain withdrawal of criminal prosecutions

PUTRAJAYA: The Attorney General's Chambers (AGC) has the lawful discretion to initiate or discontinue charges in criminal cases under the Federal Constitution, says Datuk Ahmad Terrirudin Mohd Salleh.

The Attorney General (AG) said the role of the AG, as the Public Prosecutor, was well established and protected under Article 145 of the Constitution.

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"While discharging this constitutional obligation, the Public Prosecutor is not bound to furnish any reason whatsoever to any parties.

"It is therefore pertinent at this juncture to emphasise the point that, the office of the Public Prosecutor must be permitted to discharge its duties well within the confines of the Federal Constitution and any written laws without unnecessary external interference," he said in his speech at the opening of Legal Year 2024 at the Putrajaya International Convention Centre (PICC) here on Monday (Jan 15).

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Ahmad Terrirudin said stakeholders should understand and respect the prerogatives of the Public Prosecutor and must act fairly towards all parties without being selective in 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 the AGC still needs to respond to every matter professionally.

"Despite having said that, I truly acknowledge and appreciate the role of the Malaysian Bar in our legal fraternity and I have no qualms whatsoever to work in a progressive manner with the Malaysian Bar on a myriad of legal matters to enhance and improve our legal system and jurisprudence," he said.

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On Dec 2, the Malaysian Bar went to court to challenge the AGC's decision to withdraw its criminal prosecution against Deputy Prime Minister Datuk Seri Dr Ahmad Zahid Hamidi.

It named the AG and Ahmad Zahid as the first and second respondents, respectively.

It sought relief from the court for an order of certiorari to remove and quash the AG's decision on Sept 4 to apply for a discharge not amounting to an acquittal (DNAA) in Ahmad Zahid's Yayasan Akalbudi case and a declaration that the Sept 4 decision was null and void and made in excess of the jurisdiction granted to the AG.

It also sought for the AG to act in accordance with Section 254A of the Criminal Procedure Code and charge Ahmad Zahid again in the criminal cases and seek a reinstatement of the cases.

Ahmad Zahid's Yayasan Akalbudi trial, where he was accused of misappropriating millions from the foundation, began on Nov 18, 2019.

The trial lasted 77 days and was in the midst of its defence stage when the DNAA was granted.