Separation of power for AGC, public prosecutor proposed

SHAH ALAM - The Special Select Committee on Human Rights, Elections, and Institutional Reform recommends proceedings for the separation of powers of the Attorney-General (AG) and the Public Prosecutor as enshrined under the Federal Constitution and relevant legislation to be implemented.

Its chairman William Leong Jee Keen, said the suggestion was to research and refine all high-profile cases for further explanation and to ensure justice would be upheld.

Among the cases that required reconsideration are the cancellation of notice of appeal by the Court of Appeal against the 1Malaysia Development Berhad (1MDB) audit report amendment case and the cancellation of the High Court's charges against former prime minister Tan Sri Muhyiddin Yassin involving four predicate charges under Section 23 of the Malaysian Anti-Corruption Commission (MACC) Act 2009.

"Others included the latest case of the suspension of trial proceedings for the dismissal not amounting to an acquittal (DNAA) for Deputy Prime Minister Datuk Seri Ahmad Zahid Hamidi.

"Cases such as this give the negative perception that there was interference by the Attorney-General's Chambers (AGC) by certain parties and different considerations towards high-profile cases," he said in a statement on Tuesday.

Recently, the committee said it would call upon former AG Tan Sri Idrus Harun as well as the new AG Datuk Ahmad Terrirudin Mohd Salleh to give an explanation following the DNAA for Zahid from the 47 charges related to Yayasan Akalbudi.

William commented further and said the proceeding was provided under Article 8(1) of the Federal Constitution, which states that all individuals are equal before the law and are not questioned by any party.

He said among the individuals called were Law Minister Datuk Seri Azalina Othman Said, Legal Affairs Division director-general of the Prime Minister's Department Datuk Seri Khairul Dzaimee Daud, and the legal team representing Zahid.

"The proceeding was under the terms of Reference Number III which outlines that the committee has the right to investigate and report on matters related to human rights, elections, and institutional reforms by any ministry, including agencies under it, as deemed appropriate.

"We hope the proceedings could give an opportunity for parties related to give a detailed explanation in providing assurance towards the government's efforts in institutional reform," he said.