KUALA LUMPUR – The Parliamentary Special Select Committee’s (PSSC) proceedings to analyse the separation of functions between the attorney-general (AG) and the public prosecutor’s office is set to involve several high-profile court cases.
Selayang MP William Leong Jee Keen, who chairs the PSSC on human rights, election and institutional reforms, said one of the cases that will be part of its proceedings include the conditional discharge (DNAA) of Deputy Prime Minister Datuk Seri Ahmad Zahid Hamidi.
The other cases to be scrutinised are the Court of Appeal’s striking out of the appeal notice in the 1Malaysia Development Bhd (1MDB) audit-tampering case and the Kuala Lumpur High Court’s dismissing of four predicate charges against former prime minister Tan Sri Muhyiddin Yassin.
“Without denying the powers of the AG under Article 145 of the Federal Constitution and the integrity of the AG and his officers, the committee is of the view that cases like this can give a negative perception of there being interference by the Attorney-General’s Chambers (AGC) in high-profile cases.
“Justice must not only be upheld, it should also be seen to be done so that Article 8(1) of the constitution, which provides that every individual is equal in the eyes of the law, is not questioned by any party,” he said in a statement today.
Labelling the above cases as those which require “further explanation”, the lawmaker said several individuals will be summoned by the committee to kickstart its proceedings.
Among those set to be called to face the committee are ministers in the Prime Minister’s Department, Datuk Seri Azalina Othman Said (Law and Institutional Reform Minister) and Legal Affairs Division director-general Datuk Seri Khairul Dzaimee Daud.
Besides Zahid’s legal team, former AG Tan Sri Idrus Harun and his successor Datuk Ahmad Terrirudin Mohd Salleh will also be summoned.
Earlier today, the appellate court struck out the prosecution’s attempt of another appeal against the acquittal granted to former prime minister Datuk Seri Najib Razak as well as former 1MDB president and chief executive officer Arul Kanda Kandasamy in the audit-tampering case.
The three-member bench led by judge Datuk Hadhariah Syed Ismail said that since the prosecution had failed to file for a time extension, the notices of appeal have lapsed and are now invalid according to the law.
On March 3, High Court judge Mohamed Zaini Mazlan acquitted Najib of charges of tampering with 1MDB’s 2016 audit report, citing that the prosecution failed to present evidence to show that the former prime minister ordered the amendments to the report.
Meanwhile, Arul Kanda, who was earlier charged with Najib, was discharged and made free.
Najib, 70, also has two other cases involving criminal breach of trust amounting to RM6.6 billion over payments to the International Petroleum Investment Company and money laundering involving SRC International funds worth RM27 million.
He is currently serving a 12-year jail sentence in Kajang Prison for misappropriating SRC International’s funds.
Last Monday, Zahid, who is also Barisan Nasional chairman, was granted a DNAA by the High Court on all 47 of his corruption, criminal breach of trust and money laundering charges involving his foundation, Yayasan Akalbudi.
Justice Datuk Collin Lawrence Sequerah made the ruling after the prosecution decided to halt the case as it wanted to investigate the case further.
Zahid’s legal counsel Datuk Hisyam Teh Poh Teik has since said he would be filing an appeal against the DNAA as his client is seeking for a full acquittal.
On August 15, Muhyiddin, who is also Perikatan Nasional chairman, succeeded in his attempt to quash all four abuse of power charges against him, amounting to RM232.5 million in connection with the contentious Jana Wibawa project.
High court judge Datuk Muhammad Jamil Hussin ruled that the four charges were “vague, flawed and unfounded” as they did not contain details of the offences committed. – September 12, 2023