Renewed calls for AGC reform amid public anger over political DNAA cases

Summary

• Critics have called on the government to urgently separate prosecutorial powers from the attorney-general following recent DNAA decisions in court.

• Urimai’s P Ramasamy says Anwar Ibrahim cannot deny responsibility over controversial DNAA decisions involving Najib Abdul Razak and DPM Ahmad Zahid Hamidi, given that the AG is appointed by and reports to the PM.

• Pejuang lawyer Rafique Rashid Ali proposes an independent prosecution commission under Dewan Rakyat oversight, warning that public trust will continue to erode if executive control over prosecution remains unchecked.

Prime Minister Anwar Ibrahim is facing renewed calls to reform the Attorney-General’s Chambers (AGC), with critics warning that growing public distrust over recent court decisions cannot be brushed aside with defensive rhetoric.

The reiterated urging for the separation of prosecutorial and advisory roles within the ACG, as well as for the authority to report to Parliament, comes after Anwar yesterday criticised those who seemingly asked him to interfere in discharge not amounting to acquittal (DNAA) decisions made by the judiciary.

The AGC is parked under the Prime Minister’s Department.

In a statement today, Urimai chairperson P Ramasamy pointed out that if the attorney-general (AG) were to be made answerable to Parliament instead of the executive, public grievances over conditional acquittals granted to politicians would not have been directed at Anwar.

Ramasamy referred to the recent DNAA granted to former prime minister Najib Abdul Razak over three money laundering charges involving RM27 million from SRC International Sdn Bhd, and the DNAA received by Deputy Prime Minister Ahmad Zahid Hamidi in September 2023 in the corruption case involving millions of ringgit from Yayasan Akalbudi.

“Anwar cannot pretend that he cannot interfere in the decisions of the AG. Remember, if Anwar has forgotten, the AG was appointed by him and not Parliament,” Ramasamy asserted in a statement today.

“Anwar can shout to the world that the AG functions independently from him, but I am sure there are few takers.”

The former Penang deputy chief minister II also suggested that Anwar instruct the AGC to explain why DNAAs were given to politicians allegedly involved in corruption, in a bid to clear the “good name” of the Madani government.

“Anwar need not be a dictator to address issues pertaining to DNAAs,” Ramasamy said.

Yesterday, Anwar questioned whether critics who uphold judicial independence wish for him to become a dictator by ordering the judge to make a ruling based on certain opinions. 

Under Article 145 of the Federal Constitution, the AG has the power to institute, conduct, or discontinue criminal proceedings.

In the event the AG decides to discontinue a case, even if it is already under trial, the court would have no choice but to discontinue the proceedings.

Independent prosecutorial body

Meanwhile, Pejuang information chief Rafique Rashid Ali stressed that the issue is not with the judiciary or judges, but rather with the prosecution’s office.

“The root issue is with the AG, who acts as a legal counsel for the government and executive, while being under the influence of those who advised on their appointment,” he said in a statement today.

As such, he said Pejuang is urging the immediate formation of an independent prosecutorial body or commission, which should be overseen exclusively by the Dewan Rakyat.

The entity, he said, should be publicly funded with its own administrative structure, while appointments and promotions of deputy public prosecutors are to be made based on performance and merit.

The legal practitioner added that the head of such a body should hold the AG title, while legal advisory functions for the cabinet can instead be assigned to a solicitor-general.

“This can and must be done. We’ve been talking about this for far too long… (If the matter is not executed) The public will continue to be misled by the prime minister and executives who hold the power,” Rafique claimed.

Last month, Minister in the Prime Minister’s Department (Law and Institutional Reform) Azalina Othman Said said Putrajaya is still studying and evaluating the proposal to separate the roles of the AG and the public prosecutor.

She also expressed hope that a decision on the matter could be reached before the next general election.

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