The statement made by Datuk Ahmad Terrirudin Mohd Salleh, the Attorney General, regarding the discretionary power of the Attorney General's Chambers (AGC) in initiating or discontinuing charges in criminal cases under the Federal Constitution, emphasizes the importance of understanding and respecting the role of the Public Prosecutor.
According to Article 145 of the Constitution, the Attorney General, as the Public Prosecutor, is granted a well-established and protected role. In the discharge of this constitutional duty, the Public Prosecutor is not obligated to provide reasons to any parties involved. This highlights the fact that the office of the Public Prosecutor must be allowed to fulfill its obligations in accordance with the Federal Constitution and relevant laws, without unwarranted external interference.
Ahmad Terrirudin emphasizes that all stakeholders should comprehend and respect the prerogatives of the Public Prosecutor. Acting fairly towards all parties without selective treatment is crucial, as any form of bias or favoritism would only result in wastage of time and resources. Even in cases that may appear frivolous or trivial, the AGC must address them professionally.
While acknowledging and appreciating the role of the Malaysian Bar in the legal fraternity, Ahmad Terrirudin expresses his willingness to work with them collaboratively to enhance and improve the legal system and jurisprudence.
The Malaysian Bar, however, brought a case to court on December 2 to challenge the decision of the AGC to withdraw criminal prosecution against Deputy Prime Minister Datuk Seri Dr Ahmad Zahid Hamidi. The Malaysian Bar listed the AG and Ahmad Zahid as the first and second respondents respectively.
They sought an order of certiorari to remove and quash the AG's decision, along with a declaration that the decision was null and void and exceeded the AG's jurisdiction. Additionally, they requested the AG to act in accordance with Section 254A of the Criminal Procedure Code and reinstate the charges against Ahmad Zahid. The Yayasan Akalbudi case, in which Ahmad Zahid was accused of misappropriating funds from the foundation, commenced on November 18, 2019.
The trial lasted 77 days and was in the defense stage when the decision of discharge not amounting to an acquittal (DNAA) was granted. In summary, the Attorney General's Chambers holds the lawful discretion to initiate or discontinue charges in criminal cases, as protected by the Federal Constitution. Stakeholders are urged to respect the prerogatives of the Public Prosecutor and act impartially.
The AGC aims to discharge its duties professionally, even in seemingly trivial matters. The collaboration between the Attorney General and the Malaysian Bar is recognized and appreciated. Meanwhile, the Malaysian Bar has contested the AGC's decision regarding the Yayasan Akalbudi case involving Ahmad Zahid Hamidi.
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