A federal government controlled by an Umno-PAS-Bersatu coalition could possibly result in several ongoing high-profile criminal trials grinding to a halt, said lawyers.
Questions are already being raised on what will become of the criminal charges against former prime minister Najib Razak and other Umno leaders following the resignation of Attorney-General Tommy Thomas.
According to lawyers, the Yang di-Pertuan Agong shall, on the advice of the prime minister, appoint a new attorney-general who has the power to withdraw cases which are being prosecuted.
“What happens will depend on the attorney-general who is appointed then,” said constitutional lawyer Lim Wei Jiet.
After withdrawing cases, the attorney-general is not legally required to explain his move, although lawyers said he should.
Civil society groups have voiced concerns that several high-profile Umno leaders who are currently facing numerous criminal trials will be let off the hook when a new government takes over and appoints a new attorney-general.
“The attorney-general is simultaneously the lawyer representing the government and the public prosecutor,” said criminal lawyer Rajsurian Pillai.
The attorney-general is the principal legal adviser to the government, whose role and responsibilities are provided for in Article 145 of the federal constitution.
Pakatan Harapan’s promise to split the office of the attorney-general into two separate roles has yet to materialise.
In addition, a recent precedent has been set regarding the reversal of a previous decision by the former attorney-general, said civil liberties lawyer Fahri Azzat.
The lawyer pointed to a move earlier this month by Thomas, who dropped criminal charges against the 12 men for alleged links to Liberation Tigers of Tamil Eelam (LTTE).
“If the current A-G is replaced, there is a very strong possibility all current corruption cases against leaders of the previous BN government will grind to a halt and probably withdrawn,” said another lawyer, Americk Sidhu.
“This is why we cannot allow a back-door government comprising Umno and PAS, because if this happens, we will become the garbage can of the world and I would be embarrassed to admit being a Malaysian,” Americk was quoted saying.
Umno leaders currently facing trials include Najib, Umno president Ahmad Zahid Hamidi, BN secretary-general Tengku Adnan Tengku Mansor, Pontian MP Ahmad Maslan, former Johor Baru MP Shahrir Samad and Kinabatangan MP Bung Moktar Radin.