Stop using judiciary as shield against AGC reform, Zaid tells PM

Summary

• Former law minister Zaid Ibrahim has criticised PM Anwar Ibrahim for using judicial independence as a “smokescreen” to avoid reforming the Attorney-General’s Chambers.

• Zaid argues that public criticism isn’t directed at judges but at the attorney-general, who operates under the PM’s authority and makes DNAA decisions without transparency or accountability.

Former law minister Zaid Ibrahim has taken Prime Minister Anwar Ibrahim to task, urging him to hasten reforms in the Attorney-General’s Chambers (AGC), rather than “hide” behind the judiciary.

Anwar yesterday hit back at critics who blame him when defendants receive a discharge not amounting to an acquittal (DNAA). He said that such decisions are made by the judiciary and insists he cannot interfere in judicial matters.

However, this explanation appears to misrepresent the DNAA process. A DNAA is actually granted when the public prosecutor, who is also the attorney-general, chooses to drop charges against an accused person, leaving the presiding judge with no discretion in the matter.

“But the same group talks about judicial independence. What do you want? Do you want me to become a dictator by ordering the judge to make a ruling based on your opinions?” Anwar asked in his speech.

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

Zaid took to X explaining that the people are not questioning the integrity of the courts, but the attorney-general’s.

“Unlike India, where courts do push back against politically tainted requests to drop charges, our courts here tend to defer automatically to the public prosecutor.

“That’s the issue. Our courts do not scrutinise these DNAA applications as critically as they should, because they trust the discretion of the attorney-general.

“The public is not questioning the courts. We are questioning the attorney-general, who operates directly under your authority.

“The outrage stems from the AG’s repeated use of prosecutorial discretion without transparency, explanation, or accountability. Why is that so difficult to address?” Zaid asked.

Independent prosecutors’ office for good governance

Zaid called on Anwar to push for the establishment of an independent prosecutors’ office, and to introduce a binding code of conduct.

He also proposed an independent oversight mechanism.

“If the AG is a public servant, why is he not publicly answerable?

“It is also troubling that both you and your deputy often blur the lines between the judiciary and the attorney-general. The attorney-general is not part of the judiciary, although a component in the administration of justice,” Zaid said.

He pointed out that the attorney-general is a political appointee who serves both as legal adviser to the government and as the country’s top public prosecutor, and this is why there is a “problematic fusion of roles.”

“When your deputy prime minister claimed in Sabah recently that the courts have cleared him, that is misleading. He was never tried. He was spared prosecution by the AG, not acquitted by a judge,” Zaid said, referring to Ahmad Zahid Hamidi.

“So please, don’t invoke the sanctity of judicial independence to shield your government’s refusal to reform the AGC. That argument is a smokescreen, and the public sees right through it,” Zaid added.

Zahid’s DNAA

Last week, Zahid, who is also Umno president, urged the Sabah assemblypersons arrested by the MACC over a mining licence scandal in the state, to clear their names in court, like he did.

Sinar Harian reported him saying that he has full confidence in MACC to investigate the matter.

Zahid was granted a DNAA in the corruption case involving millions of ringgit from Yayasan Akalbudi on Sept 4, 2023.

The prosecution at that time, led by Dusuki Mokhtar, requested it, citing that his team needed time to allow a more comprehensive and complete investigation into Zahid’s case.

This came despite the criminal court having ordered Zahid to enter his defence to the charges in January 2022.

High Court judge Collin Lawrence Sequerah made his displeasure known to the prosecution, adding that taxpayers’ money would be wasted if the prosecution later dropped Zahid’s case.

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