It’s now possible to charge former A-G.
Deputy Minister in the Prime Minister’s Department Mohamed Hanipa Maidin said it should no longer be impossible to prosecute the Attorney-General (A-G) given the upheaval that Malaysia has experienced.
Speaking to the Dewan Rakyat during Question Time, the deputy minister in charge of law conceded that the A-G remained the country’s primary public prosecutor but said that this should not be an obstacle to charging the office holder for any offences.
“Even though there is no separation of powers (between the offices of the Attorney-General and Public Prosecutor) but I dare say under the New Malaysia there has been tremendous changes.
The Federal Constitution vests in the A-G the complete powers and prerogative to decide all prosecutions in the country.
“We (lawyers) often asked if the A-G would be charged, but I feel now it is possible.
“He may be charged,” Hanipa said
“We never thought we would charge a former prime minister,” he said in reference to Datuk Seri Najib Razak.
“Perhaps, for the first time in history, a sitting attorney-general will bring a former attorney-general to court. It is not impossible.”
Mohamed Apandi Ali was appointed as A-G on July 27, 2015. He replaced Abdul Gani Patail, who was reportedly removed due to health reasons.
In 2016, he cleared Najib of any wrongdoing in the 1MDB affair.
In June this year, Yang di-Pertuan Agong Sultan Muhammad V had consented to Apandi’s termination of service as A-G by the federal government and to the appointment of Tommy Thomas as the new A-G.
Apandi was formerly a judge of the High Court, Court of Appeal and Federal Court.
However, after coming to power in the May 9 polls, Prime Minister Dr Mahathir Mohamad said Apandi might have undermined his own credibility by hiding evidence in the 1MDB case.