KUALA LUMPUR: Umno has rejected Jelutong MP RSN Rayer's call for Prime Minister Datuk Seri Anwar Ibrahim to ensure an individual is recharged, saying the power to prosecute lies with the Attorney-General under the Federal Constitution.
Its information chief Datuk Seri Azalina Othman Said said prosecution decisions must be based on the law, facts and evidence, not political pressure.
"The prime minister is not the Public Prosecutor," she said in a statement today.
She said the rule of law must be upheld consistently, regardless of the political position or identity of any individual involved.
She said the basic question raised by Rayer's call was the position of prosecution powers under the Federal Constitution and the need to avoid political interference in decisions involving individual cases.
Speaking in the Dewan Rakyat yesterday, Rayer accused the government of practising double standards in corruption cases, saying no one should be given a free pass, whether political allies or opponents.
He urged Anwar to ensure the Attorney-General's Chambers revisits Umno president Datuk Seri Dr Ahmad Zahid Hamidi's Yayasan Akalbudi case and, if warranted, charges him again.
Article 145(3) of the Federal Constitution, Azalina said, gives the Attorney-General discretionary power to institute, conduct or discontinue proceedings for an offence, subject to the relevant constitutional and legal framework.
"Prosecution decisions must be made based on legal considerations, facts and evidence, not political pressure or will," she said.
She said it was inconsistent to oppose political interference in prosecutions while pressing the prime minister to have charges brought again.
"We cannot reject political interference in prosecution while urging the prime minister to ensure charges are brought again against certain people because of disagreement with a decision.
"The principle of prosecutorial independence must be respected in political practice, not merely in proposals for institutional change," she said.
While any party had the right to question prosecution decisions and seek reasonable explanations, she said claims of selective prosecution must be assessed based on evidence.
"However, differences in decisions between cases do not in themselves prove political interference or biased treatment," she said.
She said the Attorney-General's Chambers had explained its reasons for applying for a discharge not amounting to an acquittal and its decision to take no further action in the case.
"Criticism of a decision must be supported by facts and a clear basis, not assumptions or mere political pressure," she said.
Zahid was granted a discharge not amounting to an acquittal on Sept 4, 2023, after the prosecution applied to discontinue all 47 corruption, criminal breach of trust and money laundering charges against him in the Yayasan Akalbudi case.
Azalina said Umno upheld the principle of equality before the law.
"No one should be given immunity from the law simply because of their position or political standing.
"At the same time, any individual, including Umno leaders, is entitled to a fair legal process and must not be made a target of prosecution merely to satisfy political demands," she said.
She said that in the Yayasan Akalbudi case, the Federal Court had granted leave to appeal against a Court of Appeal decision allowing the Malaysian Bar to begin judicial review proceedings.
The Court of Appeal had allowed the Malaysian Bar to challenge the Attorney-General's decision to halt proceedings against Zahid, ruling that the application raised arguable points of law that warranted a full hearing.
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