'PM not AG': Azalina schools Rayer on prosecutorial powers as DAP targets Zahid

Published: Oct 13, 2026 12:13 PM

As DAP turns up the heat on Umno president Ahmad Zahid Hamidi over his 47 corruption charges, amid increasingly strained ties between the two parties, Azalina Othman Said has delivered a pointed lesson in prosecutorial powers to fellow lawyer RSN Rayer.

The Umno information chief, herself a lawyer and minister in the Prime Minister’s Department (Law and Institutional Reform), reminded the DAP lawmaker that Prime Minister Anwar Ibrahim is not the attorney-general and has no authority to decide who should be hauled back to court.

Urging the Jelutong MP to...

Urging the Jelutong MP to respect the attorney-general’s constitutional position and powers, Azalina (above) stressed that prosecutorial decisions must be guided by legal considerations, facts and evidence, rather than political pressure.

However, the separation of powers has often appeared less clear-cut in the rhetoric of opposition politicians, Anwar included, who have alleged that the attorney-general and the courts bend to political pressure, whether to pursue government critics or provide a lifeline to political allies.

In her statement, Azalina pointed to Article 145(3) of the Federal Constitution, which vests the discretionary power to institute, conduct or discontinue criminal proceedings in the attorney-general.

"The fundamental issue that demands attention is the constitutional positioning of prosecutorial powers and the imperative to prevent political interference in decisions concerning individual cases. First and foremost, the prime minister is not the public prosecutor,” she said.

Azalina maintained that allegations of selective prosecution required supporting evidence, arguing that the decision to grant Zahid a discharge not amounting to an acquittal (DNAA), followed by the classification of his case as requiring no further action (NFA), did not in itself establish political interference.

She said the Attorney-General’s Chambers had already explained the grounds for both decisions, while stressing that the law must apply equally to everyone, irrespective of political standing.

“No one should be granted legal immunity simply because of their political position. At the same time, all individuals, including Umno leaders, deserve a fair legal process and should not be the target of prosecution merely to meet political demands,” she added.

Azalina also noted that the Federal Court had granted leave to appeal to both the attorney-general and Zahid over a ruling allowing the Malaysian Bar to challenge the DNAA. The matter remains before the courts.

Double standards

During the debate on the Supply Bill 2027 in the Dewan Rakyat yesterday, Rayer accused the government of practising double standards in corruption prosecutions.

The DAP lawmaker questioned why Zahid, who is also deputy prime minister, had not been charged again over the alleged misappropriation of funds belonging to Yayasan Akalbudi.

Rayer (below) argued that the government must demonstrate an unwavering commitment to fighting corruption by applying the law equally to political allies and opponents.

RSN Rayer during Parliament session 12102026

"The public is questioning why the charges against the MP for Bagan Datuk (Zahid) were withdrawn and why his case has not been reinstated, even as members on this side [the opposition] are actively being hauled to court.

"Why the bias? Why the double standards? Why are we not taking action against the MP for Bagan Datuk, who was previously facing 47 corruption charges?" he asked.

Zahid’s legal troubles took a decisive turn in September 2023, when the High Court granted him a DNAA on all 47 charges linked to Yayasan Akalbudi.

The decision followed a prosecution application to halt the trial pending further MACC investigations.

'Cannot be charged anymore'

In January, the AGC classified the case as NFA. Attorney-General Dusuki Mokhtar subsequently declared the matter closed “once and for all”, saying representations from Zahid’s defence had been considered and that the Umno president “cannot be charged anymore”.

The dispute comes amid increasingly strained relations between Pakatan Harapan and Umno, whose post-election alliance has come under mounting pressure.

Deputy Prime Minister Ahmad Zahid Hamidi at Budget 202 091026

DAP leaders have previously called for further scrutiny of Zahid (above). The party’s national adviser, Lim Guan Eng, had urged the MACC to investigate the Umno president over the Rural and Regional Development Ministry’s spending beyond its approved allocation of RM2.1 billion.

Zahid is also the minister in charge of the portfolio.

12 politicians granted DNAA in 19 criminal cases since 2010, Azalina says

Yayasan Akalbudi: Apex court grants Zahid, AG leave to appeal Bar's judicial review bid

Ramkarpal hits back at PAS rep, says DAP consistently questioned Zahid's DNAA

Anwar-Zahid friction grows over Johor, N Sembilan polls: Report

COMMENT | Zahid DNAA: Legal justifications, political ramifications, and credibility conundrum

Kedah PAS rep calls out DAP's 'hypocrisy' in Zahid outcry, touts party's respect for law

DAP Youth jumps aboard 'revisit Zahid's 47 charges' bandwagon

Azalina may be right but it's hard to convince the public as long as the AG who is also the public prosecutor remains a political appointee and reports to the PM.

BluePony648502:08 PM, 13 Oct 2026

Who appointed Appandi who said Najib has no case to answer for 1MDB.Why Najib can be charged later ? Who changed Appandi

TC02:07 PM, 13 Oct 2026

Why isn't there stronger legal safeguards and accountability mechanisms to prevent the misuse of DNAA and NFA in Malaysia?

PurpleCat945202:01 PM, 13 Oct 2026

Comments0

By posting a comment, you agree to our Commenting Terms and Conditions as stipulated in full here.

Do's and don'ts when posting comments in Malaysiakini

TERMS & CONDITIONS

Foul language, profanity, vulgarity, slanderous, personal attack, threatening, sexually-orientated comments or the use of any method of communication that may violate any law or create needless unpleasantness will not be tolerated. Antisocial behaviour such as "spamming" and "trolling" will be suspended. Violators run the risk of also being blocked permanently.

REPORT VIOLATORS

Please use the report feature that is available below each comment to flag offending comments for our moderators to take action. Do not take matters in your own hands to avoid unpleasant and unnecessary exchanges that may result in your own suspension or ban.

NOTICE

Our commenting system is still under development. We have taken note of feedback provided.

Subscriber-only space:

Azalina may be right but it's hard to convince the public as long as the AG who is also the public prosecutor remains a political appointee and reports to the PM.

BluePony648502:08 PM, 13 Oct 2026

Who appointed Appandi who said Najib has no case to answer for 1MDB.Why Najib can be charged later ? Who changed Appandi

TC02:07 PM, 13 Oct 2026

Why isn't there stronger legal safeguards and accountability mechanisms to prevent the misuse of DNAA and NFA in Malaysia?

PurpleCat945202:01 PM, 13 Oct 2026

Yes, the PM does not have prosecutorial powers but the DNAA wasn’t a demonstration of prosecutorial powers but a demonstration of a lack — for reasons best known to the AG — to prosecute when the judge had called for his defence. Can the PM publicly say he had not influenced the AG’s decision? Even if he didn’t the fact that he made Zahid a DPM despite the judge calling for his defence in his case shows the PM has no respect for the judiciary. It also shows he is not committed to political integrity and for the sake of expediency was willing to name a tainted politician to the second highest post in the nation. How is this a decision of integrity and compatible with the PM’s anti-corruption stance? Rayer shouldn’t have just made noise but demanded and acted to ensure his party doesn’t support this charade. Instead he has turned it into a needless public debate because his party is too cowed to act prove its integrity.

GP202501:42 PM, 13 Oct 2026

It appears DAP has no say in the cabinet on Zahid's DNAA despite being the biggest bloc in PH. There was no need for Jelutong to make noise in parliament if DAP had been accorded due respect as an equal partner in the coalition. It is clear Anwar has made Zahid DPM in return for Umno's support to be PM despite Zahid's on-going 47 charges then. Zahid may become PM if Anwar is suddenly incapacitated.

Bluemountains02:06 PM, 13 Oct 2026

How could the judge at the end of the trial call for Z to make his defence if there were no grounds?. A prima facie case was established. So how could the AG now say no grounds when the court thought otherwise. This is mind boggling. As a man on the street I find this difficult to swallow.

ipoh pp01:07 PM, 13 Oct 2026

Azalina is right. We cannot demand independent prosecution, then expect Anwar to order someone back to court. But Rayer’s concern about equal treatment deserves an answer too. Asking for accountability is not automatically political interference, just as an unpopular decision does not prove interference. I support this government. Clear explanations and consistent standards help it earn public trust. Respecting the AG’s powers does not mean people must stop asking questions.

Kopi Kurang Manis12:34 PM, 13 Oct 2026

If Azalina is right, then what's the point of separating AG vs PP? Useless 1MDB-era Minister. Anwar ought to be permanently sacked from PH & PKR for all the UMNO Ministers and UMNO mentalities he's brought to bear against ordinary Malaysians.

IndigoJaguar754512:27 PM, 13 Oct 2026

Yes Rayer can question the AG decision, and not simply blame it on PM or the govmt. Somehow when charges and decisions are according to our liking, we applaud the decision saying that they are proven innocent or guilty. But when it is not according to our liking, the PM must be involved in deciding the verdict. I have seen so many of these double standards.

Bobcat202012:26 PM, 13 Oct 2026