Friday 29 Mar 2024
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This article first appeared in The Edge Financial Daily, on July 29, 2016.

 

KUALA LUMPUR: Expressing concern over a recent statement made by Attorney-General (AG) Tan Sri Mohamed Apandi Ali, the Malaysian Bar urged the AG to strictly and scrupulously observe his functions and duties as provided for in the Federal Constitution, in steadfastly upholding justice.

The Bar said the AG has two separate and distinct roles under the Federal Constitution. 

“He is the principal legal adviser to the government under Article 145(2), which is a political role. He is also the public prosecutor under Article 145(3) (read with Sections 376 and 377 of the Criminal Procedure Code), which is a prosecutorial role,” Malaysian Bar president Steven Thiru said in a statement yesterday.

“As the public prosecutor, the AG must act independently and impartially as the guardian of public interest, uninfluenced by political considerations,” the Bar said.

Referring to Apandi’s recent statement, where he “expressed his strong concerns about the insinuations and allegations that have been made against the prime minister of alleged criminal wrongdoing (sic) in relation to the civil action in rem filed by the [US Department of Justice (DoJ)]”, Thiru said the AG must act independently and impartially as the guardian of public interest, uninfluenced by political considerations.

In defending the prime minister against the DoJ’s allegations, he said the AG had placed himself in an obvious and untenable position of conflict of interest. 

“He is disqualified — and must therefore recuse himself immediately — from exercising his prosecutorial powers as public prosecutor under Article 145(3) should there be any further recommendation for prosecution over these allegations, because he would not be seen as a neutral decision maker,” Thiru said.

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