AGC must justify halting high-profile cases - Lawyers

Roskhoirah Yahya
Roskhoirah Yahya
20 Jan 2024 06:30pm
Pix for illustration purpose only. - FILE PIX
Pix for illustration purpose only. - FILE PIX
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SHAH ALAM - The Attorney-General's Chambers (AGC) must provide an explanation if they decide to halt any procedings involving high-profile cases.

Lawyer Mohd Radzlan Jalaludin said while the power and discretion of the Attorney-General (AG) and Public Prosecutor are enshrined in the Federal Constitution, they also bear the responsibility to the public.

"Their authority cannot be questioned, but when it comes to specific cases, it must be executed with good governance and transparency.

"Justice should not only be done but also seen to have been done," he told Sinar.

On Tuesday, AG Datuk Ahmad Terrirudin Mohd Salleh said that the AGC has the right to initiate or drop criminal charges.

He stressed that the AGC should be allowed space to perform its functions effectively based on the Federal Constitution and any written laws without interference.

Meanwhile, lawyer Mohamad Haziq Mohamad Asman said that it was not denied that withdrawing a case required a reason, but it was entirely based on the discretion of the Public Prosecutor without an obligation to disclose such matters.

"At all times, the actions of the Public Prosecutor are in line with the provisions of discretionary powers outlined in Article 145(3) of the Federal Constitution.

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"There is nothing in these provisions that obligates the Public Prosecutor to provide any reasons for discontinuing a prosecution against a person in custody (OKT) to the court, let alone to the general public.

"In fact, the court has no right to reject or deny the Public Prosecutor's right to terminate the case," he said.