By Danial Dzulkifly
KUALA LUMPUR, Sept 13 – Gombak MP Dato’ Seri Amirudin Shari has expressed support for the government’s initiative to separate the powers of the Attorney-General (A-G) and the Public Prosecutor, but urged for this process to be expedited.
The Selangor Menteri Besar said this is vital to prevent a repetition of the recent decision to grant Deputy Prime Minister Datuk Seri Ahmad Zahid Hamidi a discharge not amounting to acquittal (DNAA), which has courted controversy.
“I noticed the Law Minister (Datuk Seri Azalina Othman Said) has conducted the first meeting to facilitate the separation of power process.
“If this is not done, then whoever is in the government, cases such as this (Zahid’s) will continue to happen,” he said when debating the 12th Malaysia Plan (12MP) Mid-Term Review in Parliament, earlier today.
Yesterday, Azalina chaired the first meeting to look into the proposed separation of powers between the A-G and the Public Prosecutor, wherein it was agreed to establish two special task forces as part of the government’s effort to expedite institutional reforms.
The special task force for comparative study will conduct evidence-based research from several countries to obtain information and best practices and will include Azalina and representatives from the Parliamentary Special Select Committee (PSSC) on Human Rights, Elections and Institutional Reforms; Opposition MPs, the A-G’s Chambers (AGC), and the Prime Minister’s Department’s Legal Affairs Division (BHEUU).
Meanwhile, the special technical task force will comprehensively examine the legal, staffing, and financial implications of the process, which will be handled by the AGC and BHEUU, and will prepare an interim report within one year.
On September 4, the Kuala Lumpur High Court awarded Zahid a DNAA over all his 47 charges of corruption, criminal breach of trust and money laundering, following an application by the AGC.
The chambers later issued a statement detailing 11 reasons why it made the decision. Among other things, it said the decision is appropriate given the new evidence and arguments presented in the case.
The AGC added it is not its role to judge a person or to secure a conviction at all costs.
Yesterday, PSSC on Human Rights, Elections and Institutional Reforms chairman William Leong said the committee will summon A-G Datuk Ahmad Terrirudin Mohd Salleh and his predecessor Tan Sri Idrus Harun to explain the DNAA decision for Zahid, and a report will later be presented to Parliament.
In his debate today, Amirudin pointed out that before Zahid’s case, there had already been precedents of the AGC applying for DNAA while on trial.
This includes the case of former Sabah Chief Minister Tan Sri Musa Aman, who was granted DNAA on June 9, 2020, for 46 criminal allegations during the Perikatan Nasional-led Federal government.
However, PAS’ Kota Bharu MP Datuk Seri Takiyuddin Hassan noted Musa’s case had not reached the defence stage like Zahid’s and challenged Amirudin to provide specific instances of DNAA decisions made during PN’s tenure after the prima facie findings.
In response, Amirudin said while the particulars of each case might differ, the central theme of corruption charges is consistent.
He also stressed that he is not defending any particular party, but merely emphasising the need to immediately separate the role of the A-G and the Public Prosecutor.
To this effect, Amirudin also proposed the coming PSSC proceeding involving Idrus and Terrirudin should be televised live, in the spirit of transparency.
