AG’s discretion in pursuing RCI recommendations


KUALA LUMPUR: It is the Attorney General’s power as an independent entity, and not the government’s call, to initiate investigations against any individuals based on the Royal Commission of Inquiry (RCI) recommendations on Batu Puteh, said Datuk Seri Azalina Othman Said.

“The issue of whether to charge or not is the Attorney General’s prerogative. As per the Constitution, the Attorney General’s Chambers (AGC) is an independent body,” the Minister in the Prime Minister’s Department (Law and Institutional Reforms) said in winding up the debate on the report in the Dewan Rakyat yesterday.

“If there is a police report, the police will investigate and then the AGC decides. If there is no police report until today, then how can we in this House instruct the police to investigate or the AG to prosecute?” she said.

Azalina said the RCI report was up for debate in Parliament to get feedback from the MPs so that the government can decide and remedy the weaknesses.

On the redacted parts, she said they contained sensitive information including current negotiations between Malaysia and Singapore.

The heated debate on the Batu Puteh RCI report yesterday brought the last day of the Dewan Rakyat session for 2024 to a fiery end.

Lawmakers were divided on the criminal allegations against Tun Dr Mahathir Mohamad in the report.

Opposition leader Datuk Seri Hamzah Zainudin (PN-Larut) defended the former prime minister, who he described as one of the nation’s “true patriots” for his past achievements, listing, among others, building an air base on Pulau Layang-Layang, and defending Malaysia’s sovereignty over Pulau Sipadan.

Perikatan Nasional chief whip Datuk Seri Takiyuddin Hassan raised concerns over the redaction of 47 pages in the Batu Puteh, Middle Rocks and South Ledge report.

“This report is incomplete. What are we supposed to refer to?”

Pasir Gudang MP Hassan Abdul Karim said although he was in agreement with most of the report, he did not agree with its recommendation that a police report be lodged against Dr Mahathir for his role in the matter.

“Are we willing to lodge a police report and criminal investigations against Tun Dr Mahathir who is almost 100 years old and is going in and out of IJN (National Heart Institute)?”

Syed Saddiq Syed Abdul Rahman (Muda-Muar) questioned the silence among leaders about the decision to not pursue the territorial claim with Singapore in 2018.

He revealed that only one lawmaker had stated his disagreement about the decision after the end of the Cabinet meeting in May 2018.

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