COMMENT Whatever attorney-general (AG) Mohamad Apandi Ali might have to say, the issue of the RM2.6 billion that Prime Minister Najib Abdul Razak admitted to having been deposited into his personal bank accounts, and the related investigations, have gone beyond the simple matter of guilt or innocence.

Indeed, Apandi's expeditious clearing of Najib from any and all criminal wrongdoings in relation to the cases linked to the massive amounts of cash is not the panacea that can resolve the crisis of confidence that Malaysians now have in the PM's leadership.

More than anything, the decision, and the way in which it was presented, have perhaps created the impression of abuses of power and more wrongdoings, prosecutable or not and AG-willing.

However, as some citizens have pointed out, it does nothing to sooth the mounting indictment of the PM in the court of public opinion.

It is perhaps more so when Najib's 'acquittal' is not by the court, but it took place even before due process has been seen to be served. There lies the rub: justice and due process have not been seen to be served in the case of Najib and his billions.

Some might argue that it is a disservice to the rule of law and justice that Apandi ( photo ) took it upon himself to judge the matter, though perhaps he was only looking at what he may have meant to be the lack of substance in order for him to proceed with any charge, that the MACC may or may have not recommended.

But even if that is the case, there are those that say it is not the AG's place at all to accede or deny Najib's culpability. Apandi’s task should only have been to determine if the MACC has enough evidence to proceed with prosecution.

Had Apandi determined that there was no ground for prosecution, he should have perhaps just announced that, and not created the perception problem that has now arisen of him playing judge by declaring that Najib is not guilty of any wrong.

It must be put on record that he was once a judge, and is presumably well-versed in the law and its practices. Something that we cannot deny.

More apt to let the court decide

But legalities aside, more than determining guilt and innocence, it was perhaps more apt to allow the court to settle the matter once and for all. If truly there is no evidence, vindication via a trial in court will cleared Najib from any tinge of stigma.

As it stands, Apandi's 'acquittal' of Najib is only making matters worse.

True, the constitution does invest in the AG the absolute right to decide on any and all legal actions in criminal matters, and this has never been truly challenged through the interpretation of the court.

But Apandi’s service is not only to the office he holds and the government of the day, but to the public, to whom he is truly in service of. and to the Yang di-Pertuan Agong, to whom he pledged his oath of office.

Issues of national and public interests are different from issues that are in the government's interest.

Aside from the issue of the powers that are vested in the office of the AG, a mere matter of culpability is no longer the question in the issue that our dear PM is enmeshed in, for it is is too muddled, and too murky, for a simple "guilty" or "not guilty" decision to arrest speculation or silence dissent.

Whether or not Najib is culpable in the misappropriation of funds from sovereign fund 1MDB perhaps no longer matters. The fact that the people have seen no real action to address the case properly is the larger conflict.

The impression of government apathy to Najib's alleged indiscretion have left the rakyat with little to no trust in the institutions of government.

While the AG may have acted within his rights as per the constitution, one may wonder if he had been wise enough in coming to his decision.

More than just Najib, the very institutions of governance, the office of the AG included, are now on trial.

The hearing will never stop in the court of public opinion, and the indictment relentless, until proper due process is served and the rule of law and justice is seen to have been done.

HAZLAN ZAKARIA is a member of the Malayskini team.