PUTRAJAYA: Attorney-General (AG) Datuk Ahmad Terrirudin Mohd Salleh said the Public Prosecutor is not bound to furnish any reason to any party on its decision to discontinue charges against an accused person.
He said a Public Prosecutor has the right to initiate and discontinue criminal charges under Article 145 of the Federal Constitution.
“The role of the AG as the Public Prosecutor is well established and protected under Article 145 of the Federal Constitution.
“The prosecutorial discretion of initiating and discontinuing criminal charges is the exercise of lawful discretion by the Public Prosecutor after a careful scrutiny of all the evidence presented by the investigation bodies and also taking into consideration the requirements of the penal laws and procedure,“ he said when delivering his speech at the Opening of the Legal Year 2024 at Putrajaya International Convention Centre (PICC) here today.
Ahmad Terrirudin said the Public Prosecutor must be permitted to discharge its duties well within the confines of the Federal Constitution and any written laws without unnecessary external interference and all stakeholders must understand and respect the prerogatives of the Public Prosecutor and must act fairly towards all parties without being selective towards certain matters.
Ahmad Terrirudin added this is also true in matters which appear to look frivolous or trivial, as Attorney-General’s Chambers (AGC) still needs to respond to every matter professionally.
“Despite having said that, I truly acknowledge and appreciate the role of the Malaysian Bar in our legal fraternity and I have no qualms whatsoever to work in a progressive manner with the Malaysian Bar on a myriad of legal matters to further enhance and improve our legal system and jurisprudence,” he said.
Ahmad Terrirudin also said the AGC has succeeded in defending the government’s interests and has achieved several milestones in public interest cases, which include election petitions and suits involving high profile individuals.
“The high success rate in defending these cases is attributed to the government’s commitment in upholding the Rule of Law and operating the government machinery in tandem with the spirit of the Federal Constitution and other existing laws.
“I would like to mention that, the AGC has always played a pivotal role in ensuring the policy of the government of the day is well translated into legislation in order to achieve the objectives intended,” he added.
Meanwhile, Ahmad Terrirudin said misusing and manipulating issues relating to race, religion and ruler (3R) have the tendency to disrupt and endanger the peaceful lives of people and national security
“We are very much aware of the danger of misusing and manipulating issues relating 3R. Hence, I will not hesitate to bring any offender before the face of justice and take stern actions, subject to evidence of course, to maintain peace and order in this country, including invoking the Sedition Act 1948 and any other written laws (if necessary),“ he said. –Bernama
