KUALA LUMPUR: A Barisan Nasional MP today urged all parties to exercise consistency when debating the discretionary powers given to an attorney-general to discontinue criminal proceedings, following the conditional discharge granted to deputy prime minister Ahmad Zahid Hamidi in his Yayasan Akalbudi case.
Adnan Abu Hassan (BN-Kuala Pilah) said there were many cases in which an attorney-general discontinued criminal proceedings and the accused was acquitted, including those of former Pandan MP Rafizi Ramli, former Batu Berendam MP Tamrin Abdul Ghafar and Pasir Gudang MP Hassan Karim.
Adnan also cited the discontinued prosecution of Lim Guan Eng (PH-Bagan) and businesswoman Phang Li Koon in a corruption case involving the purchase of a bungalow.
"If prosecutorial discretion was accepted in previous cases, why can’t similar principles be applied to the case involving Bagan Datuk (Zahid)?
"This is not about defending any individual or political party, but about consistency in upholding the rule of law," Adnan said while debating the 2027 budget in the Dewan Rakyat.
Under Article 145(3) of the Federal Constitution, the attorney-general, who also acts as the public prosecutor, has the discretionary power to institute, conduct or discontinue any criminal proceeding, except proceedings before a shariah court, a native court or a court martial.
Adnan said if Article 145(3) remained in effect, it should be applied in a constitutional manner.
"If the government believes that the power structure of the attorney-general and public prosecutor needs to be amended to strengthen prosecutorial independence and accountability, it should seriously consider constitutional and institutional reforms rather than resort to political interference in specific cases," he added.
Ramkarpal Singh (PH-Bukit Gelugor) interjected, saying he agreed with Adnan's arguments but that Adnan should address whether the attorney-general should intervene in cases where the courts had made findings supported by solid evidence and called on the accused to enter their defence.
In response, Adnan said the attorney-general previously decided to discontinue a case in which up to 25 witnesses were called, although he did not specify which case.
He said if the attorney-general’s discretionary powers under Article 145(3) needed to be amended, the change should be made in the Dewan Rakyat.
"I also disagree (with the exercise of the attorney-general’s powers in cases) where the court has made a decision. But I have to accept it as the rule of law, a legal process in our country until we make a decision to amend and change Article 145(3) of the Federal Constitution," he added.
Adnan was commenting on Zahid's case after RSN Rayer (PH-Jelutong) called for Zahid to be charged again in the Yayasan Akalbudi corruption case during a debate on the 2027 budget on Oct 12.
Zahid was granted a discharge not amounting to an acquittal in 2023 on 47 charges of corruption in the Yayasan Akalbudi case, which the prosecution said was to allow the Malaysian Anti-Corruption Commission to conduct further investigations.
The case was classified as requiring no further action in January.