Public frustrated over “flawed prosecution”.
Former law minister Datuk Zaid Ibrahim has urged comprehensive reforms within the Attorney-General’s Chambers (AGC) following the Kuala Lumpur High Court’s decision to grant a discharge not amounting to an acquittal (DNAA) to former prime minister Datuk Seri Najib Razak in his latest SRC International money laundering case.
Zaid criticised the AGC for operating without accountability, claiming public frustration over “flawed prosecution” has reached a breaking point.
“Malaysians are watching and they are angry.
The AG, who is also the public prosecutor, answers to no one, guided by no statutory code of ethics, shielded from scrutiny, and insulated by laws that make it almost impossible to challenge decisions unless one can prove malice—an absurdly high threshold,” he wrote on X (formerly Twitter) today.
Earlier, High Court Judge K Muniandy granted Najib a DNAA over three charges of money laundering involving RM27 million from SRC International Sdn Bhd. A DNAA means the accused is temporarily released from the charges but may still be prosecuted in future if the prosecution reinstates them.
Zaid expressed concern that the AGC lacks a public body to review prosecutorial decisions—even in high-profile or politically sensitive cases—and criticised the absence of justification when DNAA or no further action (NFA) decisions are made.
He noted that the prime minister currently controls the appointment and removal of AGs, who in turn have full discretion to pursue or drop charges, warning this creates a “dangerous incentive structure.”
“There is no obligation to disclose prosecutorial data. Parliament is left in the dark on how justice is administered on the rakyat’s behalf. Prosecutors are not required to turn over evidence that could exonerate the accused, a fundamental breach of fair trial norms,” he said.
Zaid pointed out that, unlike in the UK, Canada, or Australia, Malaysian prosecutors are not bound by any public code of conduct.
As a solution, the former Kota Bharu MP proposed the formation of a Prosecution Oversight Commission to review AGC decisions not to prosecute public interest cases and to investigate claims of misconduct, bias, or abuse of power. The commission should also have the authority to recommend disciplinary action or initiate judicial reviews.
He further called for a mandatory prosecutorial ethics code, requiring disclosure of all exculpatory evidence and written justifications for DNAA, NFA, and plea bargain decisions.
“Like judges, senior prosecutors must also have fixed terms and protection from arbitrary removals,” Zaid added.
At the parliamentary level, he proposed the establishment of a select committee on justice and legal affairs, tasked with overseeing prosecutorial conduct. He suggested tabling annual reports on prosecution outcomes, dropped cases, and statistics on DNAA and NFA decisions.
On whistleblower protection, Zaid criticised the current Whistleblower Protection Act 2010 as “toothless and gagged by the Official Secrets Act (OSA).” He called for amendments allowing disclosures of classified information made in good faith in the public interest, with immunity granted for those exposing prosecutorial misconduct.