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Several NGOs urge the government to amend the Federal Constitution to allow judicial review of the public prosecutor’s decisions on initiating, discontinuing or not pressing charges in court.
This is to allow the court to decide whether the public prosecutor’s decision is valid or otherwise.
NGOs also urge the government to expedite the separation of the Attorney-General’s Chambers from the public prosecutor.
Several NGOs have urged the government to amend the Federal Constitution to allow judicial review of the public prosecutor’s decisions on initiating, discontinuing or not pressing charges in court.
“We also call for the right of judicial review of decisions of a public prosecutor, just as we already have the right to go for judicial review of the prime minister or minister’s decisions.
“This will allow the court to consider whether the public prosecutor’s decision was illegal, procedurally unfair, irrational or even incompatible with human rights.
“It will ensure no wrongdoing or abuse of power by the public prosecutor, who represents Malaysia and the people in the administration of criminal justice,” they said in a joint statement today.
Among the NGOs which signed the statement were Malaysians Against Death Penalty and Torture, Center for Orang Asli Concerns, Gindol Initiative for Civil Society Borneo, Parti Rakyat Malaysia and Aliran.
On Sept 4, 2023, Deputy Prime Minister Ahmad Zahid Hamidi was granted a discharge not amounting to an acquittal (DNAA) of the corruption case involving millions of ringgit from Yayasan Akalbudi.
The deputy public prosecutor said the DNAA bid is based on 10 or 11 reasons, among them to allow a more comprehensive and complete investigation into Zahid's case.
This came despite the High Court ordering Zahid to enter his defence on Jan 24, 2022, after the prosecution established a prima facie case against the Bagan Datuk MP.
On Dec 17 last year, the Court of Appeal ruled against an activist’s application to commence private prosecution against two Muslim preachers who purportedly insulted non-Islamic religions and practices.
Global Human Rights Federation president S Shashi Kumar, who is the applicant, said the court cited Article 145 of the Federal Constitution to reject his application.
“They (the judge) said we cannot proceed with the private prosecution because of Article 145, because the attorney-general holds the executive power to decide whether they (the prosecution) want to proceed with a particular case or otherwise.
“Article 145(3) gives them the full power and we cannot question that," he was reported as saying.
Expedite separation of offices
On that note, the NGOs urged the government to expedite its plan to separate the Attorney-General’s Chambers from the public prosecutor’s office.
They said this is to ensure there is no longer a perception that the public prosecutor is acting on the instruction of the prime minister or the government.
“Prime Minister Anwar Ibrahim has recognised that the separation of powers between AG and the public prosecutor is not merely a division of responsibilities, but a crucial step in preserving the integrity of the office.
“And he has mentioned that a cabinet draft paper on the matter is expected to be ready by the middle of 2025.
“We hope the needed amendments to the Federal Constitution and relevant laws be tabled in Parliament soon, and that Malaysia will finally have an independent public prosecutor and AG by the third quarter of this year,” they added.
On May 8 last year, Minister in the Prime Minister’s Department (Law and Institutional Reform) Azalina Othman Said went to Ottawa, Canada to conduct a detailed study on the plan to separate both offices.
"The Malaysian delegation is scheduled to attend a series of important meetings with Canadian government senior officials and to exchange views and share information and knowledge, especially in their valuable experience in successfully implementing the separation of powers of the AGC and the public prosecutor’s office almost 20 years ago," she said. -Malaysiakini, 15/2/2025
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