PUTRAJAYA: Chief Justice Tun Tengku Maimun Tuan Mat said the decision to withdraw criminal charges against certain high-profile individuals falls under the Attorney-General Chambers.
She said the courts cannot turn around and insist to the Attorney General who is also the Public Prosecutor, that a charge remains.
"In the recent past including last year, the Public Prosecutor made the decision to withdraw criminal charges against certain high-profile individuals.
"These decisions were not particularly received well by the public but a large part of the blame was put on the Judiciary for making the only available consequential orders upon the withdrawal of such charges.
"When the Public Prosecutor decides to withdraw charges, the Courts only have one of two very limited consequential options.
"Depending on the facts, these two options are either granting an order of discharge not amounting to an acquittal popularly called 'DNAA' or a discharge amounting to an acquittal which can be called a 'DAA'.
"Under Article 145(3) of the Federal Constitution the AG has the discretion to institute, conduct or discontinue any proceeding for an offence other than before a Syariah Court," she said.
She said this in her speech at this year's Opening of Legal Year held at the Putrajaya International Convention Centre today.
She said the Judiciary and the Public Prosecutor have their own constitutionally-demarcated constitutional functions and both must be adjudged fairly for the exercise of their powers to the exclusion of the other.
She said when a charge is withdrawn, the Judge making the only available consequential orders is painted as corrupt, sometimes as incompetent or sometimes both.
"What the public fails to understand is that the person responsible for that decision is the Public Prosecutor and not the Courts.
"It is often the Courts that are chastised for such decisions and this erodes public confidence in the judicial system," she added.
On Sept 3, last year, Deputy Prime Minister Datuk Seri Dr Ahmad Zahid Hamidi was granted DNAA of 12 criminal breach of trust (CBT) charges, eight counts of bribery and 27 for money laundering, involving scores of millions of ringgit belonging to Yayasan Akal Budi.