In his inaugural address at the opening of the legal year 2024, Attorney General Datuk Ahmad Terrirudin Mohd Salleh asserted the constitutional authority bestowed upon him to initiate or discontinue charges against an accused person. This authority, enshrined in Article 145 of the Federal Constitution, establishes the Attorney General (AG) as the Public Prosecutor (PP) and grants discretionary powers that do not obligate the disclosure of reasons for the initiation or discontinuation of criminal charges. In emphasizing the established role of the AG and PP, Ahmad Terrirudin underscored the importance of respecting the constitutional confines that safeguard the office of the Public Prosecutor.
The discretion exercised by the AG, he asserted, is contingent upon lawful execution and consideration of evidence presented by investigating bodies. The autonomy of the Public Prosecutor's office, as emphasized by Ahmad Terrirudin, becomes crucial in upholding the integrity of legal proceedings and maintaining the delicate balance between justice and the law.
While not explicitly naming any individual or referring to a specific case, the Attorney General's remarks coincided with ongoing legal challenges, notably the Malaysian Bar's pursuit of a judicial review regarding the discharge not amounting to an acquittal (DNAA) granted to Deputy Prime Minister Datuk Seri Ahmad Zahid Hamidi. The DNAA, involving 47 counts of alleged financial misappropriation from the charitable foundation Yayasan Akalbudi, was granted by the High Court upon the prosecutor's request to discontinue the trial.
Ahmad Terrirudin's statement serves not only as a defense of the AG's discretionary powers but also as a commitment to upholding the principles of justice and the rule of law. By reiterating the need for the Public Prosecutor to operate within constitutional boundaries, he ensures that the AG's office functions independently, free from undue influence. This commitment, he argues, is vital for the proper administration of justice in Malaysia, reinforcing the constitutional framework that governs legal proceedings in the country.
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