Zahid's DNAA proves AG's independence critical, urgent commitment from government needed - IDEAS

KUALA LUMPUR: The Institute for Democracy and Economic Affairs (IDEAS) expresses concern over the circumstances surrounding the granting of a Discharge Not Amounting to Acquittal (DNAA) to Deputy Prime Minister Dato’ Seri Dr Ahmad Zahid Hamidi for the Yayasan Akalbudi corruption case. The DNAA raises concern for several reasons.

First, the individual in question holds high public office. It is natural for there to be significant public interest in this case, which then necessitates a higher degree of transparency and accountability in all matters relating to the case. “Justice Colin Lawrence Sequerah ruled in January last year that the prosecution had successfully proved a prima facie case against Zahid, which means the onus then fell on Zahid to prove his innocence. To apply for a DNAA at this stage, where the prosecution is withdrawn and discontinued on the grounds that further investigation is needed, can be seen as questionable. This is why the Attorney General, who is also the top prosecutor in the country, must explain this decision to the public,” said Dr Tricia Yeoh, CEO of IDEAS. “The Attorney General should also provide a definite timeline for completing the further investigations and inquiries that were submitted as reasons for the discharge”, said Dr Yeoh.

Second, the fact that the term of office of the current AG ends today also raises questions on who should be held accountable, and who should provide an explanation to the public. “Given these circumstances, it is necessary that there is proper and thorough information being provided to the public. Without this, and given the current political climate which is highly charged, the public is bound to speculate on the reasons behind the decision. I therefore urge the AG to explain this decision and provide clarity for the public. Transparency is absolutely essential to avoid further speculation,” adds Dr Yeoh.

Lastly, this case is a classic example of the conflicts that arise when the offices of the AG and Public Prosecutor are fused together. With an AG-Public Prosecutor appointed by the Prime Minister who has wide discretionary powers to institute, conduct or discontinue any proceedings, there are limited checks and balance mechanisms in place to ensure decisions are free from political interests. Separation of the offices would allow the Public Prosecutor to act in the public interest, while the AG as a member of Cabinet would continue to advise the government of the day on legal matters. There have been numerous statements of commitment by different parties, most recently by Minister of Legal and Institutional Reforms Dato’ Seri Azalina Othman Said, stating that the separation of the two offices will be done, although it will take time. “It is clear that the Madani government can no longer delay establishing an independent Office of Public Prosecutions. This is of utmost urgency and should be prioritised by Prime Minister Dato’ Seri Anwar Ibrahim’s administration.

We understand that the details will need time to execute, but what the government must do is to provide a clear timeline for the separation, which will include regular engagements with experts and civil society. The recommendations provided by IDEAS and Bersih can be a good place to start,” concludes Dr Yeoh.