KUALA LUMPUR: A legal expert has emphasised that while it is true the attorney-general has the power to initiate or discontinue a criminal case, there must be accountability and transperancy.
Constitutional and legal expert Professor Dr Nik Ahmad Kamal Nik Mahmood said the A-G has such power under constitutional provisions and is indeed not obliged to inform the public of its decisions, he or she serves the government, which is accountable to Parliament and the public.
"Unless the law is changed and the A-G's decision is subject to particular scrutiny, such as parliamentary scrutiny, the informed members of the public will consider the present position unsatisfactory.
"There has been talk about looking into the whole scope of the A-G's power and reviewing the existing state of affairs, at the least, to separate the A-G's role in criminal prosecution from his role as the government's legal adviser," he said, adding that many are looking forward to the changes.
Nik Kamal said this in response to A-G Datuk Ahmad Terrirudin Mohd Salleh's statement earlier that the Attorney-General's Chambers (A-GC) is not obligated to inform the public of its decision to discontinue charges against an accused person.
He said the power to initiate or discontinue a case was under the public prosecutor's discretion as stipulated in the Federal Constitution.
Nik Kamal said while the A-G does not attend Parliament, it was the government which had to explain the rationale of the A-G's decisions when a high-profile case is not brought to court or is discontinued.
He said the government and the A-G must ensure the public's confidence in the legal institution is not tainted by incorrect and unsubstantiated allegations.
Earlier, Chief Justice Tun Tengku Maimun Tuan Mat said the judiciary was unjustifiably painted as the villain for the actions or inactions of another body in the justice system.
Citing several recent cases that sparked public backlash, Tengku Maimun mentioned how these instances have eroded judicial independence and undermined public confidence in the judiciary.
Tengku Maimun said it was often the courts that were chastised for such decisions, leading to the erosion of public confidence in the judicial system.
Nik Kamal echoed Tengku Maimun's sentiments, emphasising that the judiciary should not be scapegoated for decisions made by the public prosecutor.
"People should understand that the tribunal does not decide whether a person should be prosecuted. It is the power of the public prosecutor. The courts do not serve as judge, jury and executioner.
"The neutral court decides whether the prosecution has presented sufficient evidence to convict a person or to let him go," he said.
Trust in the constitutional judicial system, he said, was crucial, and blaming the court for charges being withdrawn was misplaced as the court upholds justice and interprets the law based on canon interpretation.
Meanwhile, Lawyer Lim Wei Jiet said the comments were undoubtedly linked to the A-G's decision to issue a discharge not amounting to acquittal (DNAA) to Deputy Prime Minister Datuk Seri Dr Ahmad Zahid Hamidi, a move that has sparked public criticism.