'PM not AG': Azalina schools Rayer on prosecutorial powers as DAP targets Zahid

As DAP turns up the heat on Umno president Ahmad Zahid Hamidi over his 47 corruption charges, amid increasingly strained ties between the two parties, Azalina Othman Said has delivered a pointed lesson in prosecutorial powers to fellow lawyer RSN Rayer.

The Umno information chief, herself a lawyer and minister in the Prime Minister’s Department (Law and Institutional Reform), reminded the DAP lawmaker that Prime Minister Anwar Ibrahim is not the attorney-general and has no authority to decide who should be hauled back to court.

Urging the Jelutong MP to...

As DAP turns up the heat on Umno president Ahmad Zahid Hamidi over his 47 corruption charges, amid increasingly strained ties between the two parties, Azalina Othman Said has delivered a pointed lesson in prosecutorial powers to fellow lawyer RSN Rayer.

The Umno information chief, herself a lawyer and minister in the Prime Minister’s Department (Law and Institutional Reform), reminded the DAP lawmaker that Prime Minister Anwar Ibrahim is not the attorney-general and has no authority to decide who should be hauled back to court.

Urging the Jelutong MP to respect the attorney-general’s constitutional position and powers, Azalina (above) stressed that prosecutorial decisions must be guided by legal considerations, facts and evidence, rather than political pressure.

However, the separation of powers has often appeared less clear-cut in the rhetoric of opposition politicians, Anwar included, who have alleged that the attorney-general and the courts bend to political pressure, whether to pursue government critics or provide a lifeline to political allies.

In her statement, Azalina pointed to Article 145(3) of the Federal Constitution, which vests the discretionary power to institute, conduct or discontinue criminal proceedings in the attorney-general.

"The fundamental issue that demands attention is the constitutional positioning of prosecutorial powers and the imperative to prevent political interference in decisions concerning individual cases. First and foremost, the prime minister is not the public prosecutor,” she said.

Azalina maintained that allegations of selective prosecution required supporting evidence, arguing that the decision to grant Zahid a discharge not amounting to an acquittal (DNAA), followed by the classification of his case as requiring no further action (NFA), did not in itself establish political interference.

She said the Attorney-General’s Chambers had already explained the grounds for both decisions, while stressing that the law must apply equally to everyone, irrespective of political standing.

“No one should be granted legal immunity simply because of their political position. At the same time, all individuals, including Umno leaders, deserve a fair legal process and should not be the target of prosecution merely to meet political demands,” she added.

Azalina also noted that the Federal Court had granted leave to appeal to both the attorney-general and Zahid over a ruling allowing the Malaysian Bar to challenge the DNAA. The matter remains before the courts.

Double standards

During the debate on the Supply Bill 2027 in the Dewan Rakyat yesterday, Rayer accused the government of practising double standards in corruption prosecutions.

The DAP lawmaker questioned why Zahid, who is also deputy prime minister, had not been charged again over the alleged misappropriation of funds belonging to Yayasan Akalbudi.

Rayer (below) argued that the government must demonstrate an unwavering commitment to fighting corruption by applying the law equally to political allies and opponents.

"The public is questioning why the charges against the MP for Bagan Datuk (Zahid) were withdrawn and why his case has not been reinstated, even as members on this side [the opposition] are actively being hauled to court.

"Why the bias? Why the double standards? Why are we not taking action against the MP for Bagan Datuk, who was previously facing 47 corruption charges?" he asked.

Zahid’s legal troubles took a decisive turn in September 2023, when the High Court granted him a DNAA on all 47 charges linked to Yayasan Akalbudi.

The decision followed a prosecution application to halt the trial pending further MACC investigations.

'Cannot be charged anymore'

In January, the AGC classified the case as NFA. Attorney-General Dusuki Mokhtar subsequently declared the matter closed “once and for all”, saying representations from Zahid’s defence had been considered and that the Umno president “cannot be charged anymore”.

The dispute comes amid increasingly strained relations between Pakatan Harapan and Umno, whose post-election alliance has come under mounting pressure.

DAP leaders have previously called for further scrutiny of Zahid (above). The party’s national adviser, Lim Guan Eng, had urged the MACC to investigate the Umno president over the Rural and Regional Development Ministry’s spending beyond its approved allocation of RM2.1 billion.

Zahid is also the minister in charge of the portfolio.