Bar, Zaid, Khairuddin lose case against AG ‘failing to prosecute’ Najib

Source: FMT News 

PUTRAJAYA: The 18-month battle by the Malaysian Bar and two government critics to review the prosecutorial power of the attorney-general (AG) in refusing to frame charges agains Prime Minister Najib Razak over the RM2.6 billion donation has come to an end.

The Federal Court, in dismissing their leave applications, today affirmed the findings of the High Court last year that the A-G’s discretion could not be questioned.

A three-man bench chaired by Chief Justice Raus Sharif said the issue was settled following a series of past cases. Read more

Give MACC prosecution power

Translated by DOMINIC LOH
By Sin Chew Daily

MACC is on the move again, this time detaining the secretary-general of rural and regional development ministry Datuk Mohd Arif Ab Rahman and his two sons, and recovering some RM3 million in cash, gold bars and expensive watches and luxury handbags, among others.

Mohd Arif has allegedly abused his power since he was a state government official and since he was appointed the ministry sec-gen in 2015, appointing his own contractors and suppliers while receiving bribes from the vested interests. His two sons were said to be the middle men receiving the bribes on his behalf.

As a matter of fact, this kind of corrupt officials are aplenty in government departments and the sec-gen might as well just be a tip of the iceberg. It looks like the MACC should work much harder.

Under former chief commissioner Abu Kassim Mohamed, MACC already launched a series of operations to combat corruption. Files were opened for the investigation of 982 cases last year, culminating in the arrest of 932 individuals and the prosecution of 258. Read more

Public Prosecutor accountable to public in exercising prosecutorial power — Lim Chee Wee

Source: The Malay Mail Online

BY LIM CHEE WEE

JANUARY 15 — The Attorney General (AG), the Public Prosecutor, promised that he will study recent high profile cases according to the law, acting without fear or favour, and acknowledged that public trust and confidence in the justice system depends on a certain amount of transparency and openness in the prosecution of cases.

These declarations beg three questions — what does the law say as to how the AG should exercise his prosecutorial powers, what are the limits on such powers and what is the extent of his accountability to the public.

Article 145 of our Federal Constitution merely states that the AG shall have power, exercisable at his discretion, to institute, conduct or discontinue any proceedings of an offence. However, AG has yet to disclose his policies and principles of prosecution. Read more

Strip AG of prosecutorial powers, says G25

Source: Malaysiakini

The prosecutorial powers of the attorney-general should be transferred to an independent office of the Director of Public Prosecutions, the G25 Group of Eminent Malays recommends.

It said the office of the attorney-general should not combine the roles of adviser to the government and public prosecutor.

“There is a fundamental conflict of interest in the functions and powers of the AG, which enables him to take action against national interests.

“It is poor governance that the AG is the legal adviser for the government of Malaysia and also the final arbiter on decisions to prosecute,” G25 said in a statement today. Read more