PUTRAJAYA: The Attorney General’s Chambers (AGC) has the lawful discretion to initiate and discontinue criminal charges under Article 145 of the Federal Constitution.
“While discharging this constitutional obligation, the Public Prosecutor is not bound to furnish any reason whatsoever to any parties,” says Attorney General Datuk Ahmad Terrirudin Mohd Salleh.
“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 law without unnecessary external interference,” he said in his speech at the Opening of Legal Year 2024 at the Putrajaya International Convention Centre yesterday.
Ahmad Terrirudin said stakeholders should understand and respect the prerogatives of the Public Prosecutor and must act fairly towards all parties without being selective, which will only result in a waste of time and resources.
“This is also true in matters that appear to look frivolous or trivial, as the AGC still needs to respond to every matter professionally.
“Having said that, I truly acknowledge and appreciate the role of the Malaysian Bar in our legal fraternity, and I have no qualms whatsoever about working in a progressive manner with the Malaysian Bar on a myriad of legal matters to further enhance and improve our legal system and jurisprudence,” he said.
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, 2023, to apply for a DNAA (discharge not amounting to an acquittal) in Ahmad Zahid’s case.
It also sought a declaration that the Sept 4 decision was null and void, and made in excess of the jurisdiction granted to the AG.
It also wanted the AG to act in accordance with Section 254A of the Criminal Procedure Code, recharge Ahmad Zahid in the criminal cases, and seek a reinstatement of the cases.
Ahmad Zahid’s Yayasan Akalbudi trial, in which he was accused of misappropriating millions from the foundation, began on Nov 18, 2019.
The trial lasted 77 days and his defence had been called when the DNAA was granted.
