No such thing, says LFL on statement that AG has no duty to give reasons to the public

KUALA LUMPUR: No public officer, whether it be the Attorney General (AG) or Prime Minister, can exercise his powers at his whim or refuse to disclose reasons, says Lawyers for Liberty (LFL).

"In our democracy, there is no such thing as a public office that is not subject to public scrutiny and accountability," LFL director Zaid Malek said in a statement on Monday (Jan 15).

Zaid said AG Datuk Ahmad Terrirudin Mohd Salleh's claim that he (Ahmad Terrirudin) need not give reasons for withdrawal of criminal charges is wrong and contrary to the rule of law.

"We refer to his statement today (Monday) that the public prosecutor need not give reasons to the public why criminal charges are withdrawn, relying on the public prosecutor’s discretion under the Federal Constitution to file or discontinue charges.

"If the AG has no duty to give reasons to the public, as claimed by Ahmad Terrirudin, it means he is not accountable to the public," he added.

Zaid said 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 Mentri Dalam Negeri and Others’.

"Consequently, as the discretion is not unfettered and reasons must be provided. The exercise of a public duty can never be shrouded in secrecy," he said.

Zaid said that 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 Datuk Seri Dr Ahmad Zahid Hamidi.

"If so, this explanation does not instil confidence in the criminal justice system," he said.

Earlier today, Ahmad Terrirudin said in his speech at the opening of the legal year held at the Putrajaya International Convention Centre that the power to initiate or discontinue a case is under the public prosecutor's discretion as stipulated in the Federal Constitution.

"The role of the AG as the public prosecutor is well established and protected under Article 145 of the Federal Constitution. The prosecutorial discretion of initiating and discontinuing criminal charges is the exercise of lawful discretion by the public prosecutor. The public prosecutor is not bound to furnish any reason whatsoever to any parties," he said.