Azalina Othman Said says the rule of law must be upheld regardless of political standing, and prosecutorial decisions must rest on law, facts and evidence.
KUALA LUMPUR: The rule of law must be upheld consistently, regardless of the political standing or identity of any individual involved, said UMNO Information chief Datuk Seri Azalina Othman Said.
The Minister in the Prime Minister’s Department (Law and Institutional Reform) said prosecutorial decisions must be based on legal considerations, facts and evidence, rather than political pressure or demands.
On calls by Jelutong MP for the Prime Minister to ensure that an individual is charged again, she said the fundamental issues that needed to be considered were the constitutional position of prosecutorial powers under the Federal Constitution and the need to prevent political interference in decisions involving individual cases.
“The Prime Minister is not the Public Prosecutor. Article 145(3) of the Federal Constitution vests the Attorney-General with the power, exercisable at his discretion, to institute, conduct or discontinue proceedings for any offence, subject to the applicable constitutional and legal framework,” she said in a statement today.
Azalina said the principle of prosecutorial independence must be respected in political practice, and not merely reflected in proposals for institutional reform.
She said any party had the right to question prosecutorial decisions and seek reasonable explanations, but differing decisions in separate cases did not in themselves prove political interference or biased treatment.
In this case, she said, the Attorney-General’s Chambers had provided explanations regarding the reasons for seeking a discharge not amounting to an acquittal (DNAA) and the decision of no further action (NFA).
In this regard, Azalina said criticism of any decision should be supported by facts and clear grounds, rather than mere assumptions or political pressure.
“The principle of justice must apply to everyone, whether government leaders, opposition or ordinary citizens.
“No one should be granted immunity from the law merely because of their office or political standing. Any individual, including UMNO leaders, is entitled to a fair legal process and must not be targeted for prosecution solely to meet political demands,” she said.
On the Yayasan Akalbudi case, she said the Federal Court had granted leave to appeal against the Court of Appeal’s decision allowing the Malaysian Bar to initiate a judicial review.
She said the related proceedings were still ongoing and the disputed legal questions should be decided by the courts.
“Political pressure on the Prime Minister to determine prosecutorial action is no substitute for that process.
“UMNO respects the right of any party to pursue the available legal avenues and, at the same time, stresses that court proceedings must be allowed to take their course without political pressure,” she added.