Attorney-General Abdul Gani Patail has been urged to issue a fiat (order) to the Bar Council to initiate criminal proceedings against Perkasa president Ibrahim Ali.

PKR lawmaker Gooi Hsiao Leung said this is because the attorney-general seemed “reluctant” to take up the case.

"In public interest, I call upon him to instead give a 'fiat' to the Bar Council the authority to prosecute Ibrahim on behalf of the government," he said in a statement today.

Gooi pointed out that the appointment of a private lawyer to prosecute in a criminal matter was nothing new as the appointment of Shafee Abdullah as lead prosecutor in opposition leader Anwar Ibrahim's case had set the precedent.

"In this context, I urge the Bar Council to approach the attorney-general to apply for the fiat to initiate criminal proceedings against Ibrahim as this is a matter of great public importance," he added.

Yesterday, Abdul Gani was reported saying Ibrahim, who had threatened to burn the Bible, could not be charged under Section 505 (b) and (c) of the Penal Code because the " intent " element was not qualified.

Gooi, however, said that Abdul Gani's explanation was a mere excuse for not wanting to prosecute Ibrahim.

 

"The refusal to prosecute Ibrahim is a failure on the part of the attorney-general to uphold his oath of office to enforce the law without fear or favour," he added.

He said a person should be criminally charged if the facts disclose an offence in law.

 

"It is not up to the attorney-general to accept Ibrahim's explanation that he had no intention to commit an offence.

"It is for Ibrahim to explain and convince the court that his intentions or actions were excusable in law," he said, adding that it is the court's duty to decide Ibrahim's guilt or innocence under the law.

Gooi then stressed that Gani's failure to respond to his call to issue a fiat would "confirm  public suspicion that the attorney-general was not impartial, and is enforcing the law selectively".

"Just as a person who incites others to burn the Quran would clearly be a punishable criminal offence, equally Ibrahim must be brought to court to face the full brunt of the law for inciting others to burn the Bible," he said.

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