KUALA LUMPUR – The past and present attorney-generals (AGs) involved in parliamentary proceedings on the separation of functions between the AG and the public prosecutor’s office will not be “summoned” to provide their input.
Instead, William Leong, the chairman of the parliamentary special select committee (PSSC) on human rights, elections and institutional reform, said that “invitations” to take part in the committee’s proceedings will be issued to the two AGs.
“It is important for me to clarify that this committee has never issued any summons for the AG (Datuk Ahmad Terrirudin Mohd Salleh) and former AG (Tan Sri Idrus Harun).
“Based on the committee’s sincerity, we will only invite them (Terrirudin and Idrus) to also be involved in the meeting,” Leong said in a statement today.
The Selayang MP added that the PSSC understands and respects the power of the AG in exercising their decision to initiate, carry out or stop any court proceedings in line with Article 145(3) of the federal constitution.
“However, the invitations to them (Terrirudin and Idrus) are to assist this committee in understanding issues related to concerns on conflict of power and interest, especially in relation to high-profile cases.
“(This is because) the AG, who is the government’s primary legal adviser, also acts as a prosecutor as outlined under Article 145 of the federal constitution and Section 376 of the Criminal Procedural Code.”
Leong also said that the select committee will invite electoral watchdog Bersih, think-tank the Institute for Democracy and Economic Affairs and other non-governmental organisations to the committee’s meeting.
On Tuesday, Leong told the Dewan Rakyat that the select committee will be calling two AGs to provide their explanations on the discharge not amounting to an acquittal (DNAA) granted to Deputy Prime Minister Datuk Seri Ahmad Zahid Hamidi for his graft trial.
While Leong did not specify then which of the AGs will be called up, the prosecution had submitted a request for Zahid to be granted a DNAA a day before Idrus officially retired as AG, paving the way for Terrirudin to take over the position on September 6.
In a statement later on, Leong said that the PSSC’s proceedings on the separation of functions between the AG and the public prosecutor’s office is set to involve several high-profile court cases.
Besides Zahid’s DNAA, other cases to be scrutinised are the Court of Appeal’s striking out of the appeal notice in the 1MDB audit-tampering case and the Kuala Lumpur High Court’s dismissal of four predicate charges against former prime minister Tan Sri Muhyiddin Yassin.
Labelling the above cases as those which require “further explanation”, Leong said several individuals will be called by the committee to kickstart its proceedings, namely Idrus, Terrirudin, and Zahid’s legal team.
Law minister Datuk Seri Azalina Othman Said and Legal Affairs Division director-general Datuk Seri Khairul Dzaimee Daud are also set to be called. – September 14, 2023