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I refer to the malaysiakini report AG faulted for clearing Zulkipli .

I am appalled that the attorney-general could arrive at the decision not to prosecute former Anti-Corruption Agency (ACA) director-general Zulkipli Mat Noor in light of the numerous and serious allegations against the head of the very department that was set up to monitor corruption.

If indeed Zulkipli is not guilty of the charges, surely the judiciary should be the body that determines this, not the executive.

Perhaps the separation of powers is just a fairy tale in Malaysia. It appears that the executive is operating as if Malaysians are too stupid and too indifferent to take exception to this arbitrary exercise of power.

The rules of natural justice require that a man - or body - must not be a judge in his own cause. This is the cause of the executive and regardless of whether there exist sufficient grounds for prosecution, a prima facie case must surely have been made out based on the extraordinary number of complaints and the previous investigation.

The allegations concerning the fraternity of the attorney-general and Zulkipli also give rise to the possibility of a suspicion of bias - a criteria that necessitates his declining to make a decision to prosecute.

Finally, was the whistle-blower - Mohamad Ramli Abdul Manan - given an opportunity to be heard? The decision-maker must hear both sides

I urge the complainant to immediately seek judicial review of the attorney-general's decision.


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