The Attorney General- AGDato Seri Nazri Abdul Aziz, Minister in the Prime Minsiter's Department said in his reply to Yusmadi Yusoff of PKR Balik Pulau, that the AG would not be the one to decide on a case where the ACA is investigating the AG on a allegations over Anwar Ibrahim's black eye incident 10 years ago.
Under the Federal Constitution, the AG is the one who holds the prosecutional power. According to Nazri, there are many staff members in the AG's Chamber who can and able to decide whether to prosecute or not to prosecute. But the fact remains that the AG is still the one who decide under the Constitution. Can the deputy AG make decision which will implicate his boss because while deciding on that decision, the AG is still in office. Then there will be a crystal clear conflict of interest to both of them. The AG should be the one who decide on whether he should be prosecuted or not and the Deputy AG has to decide involving an individual who hold the post that he one day will be holding. No AG in his right mind will decide to prosecute he himself. If at all the Deputy decides, it is still under the lawful designation of the AG.
To many, it appears to be another one of those sickening melodrama episode appearing again. History repeat itself in our beloved land. It would be countless bickerings of diferent defination of rules and law. There will be countless conflicts of precedences and jurisdictions. We probably have to agree that this could be the reason behind the calls for the AG to be given leave until his case is fully investigated and brought to justice. Then at least there would be no conflict of decision and interest.
Under the Federal Constitution, the AG is the one who holds the prosecutional power. According to Nazri, there are many staff members in the AG's Chamber who can and able to decide whether to prosecute or not to prosecute. But the fact remains that the AG is still the one who decide under the Constitution. Can the deputy AG make decision which will implicate his boss because while deciding on that decision, the AG is still in office. Then there will be a crystal clear conflict of interest to both of them. The AG should be the one who decide on whether he should be prosecuted or not and the Deputy AG has to decide involving an individual who hold the post that he one day will be holding. No AG in his right mind will decide to prosecute he himself. If at all the Deputy decides, it is still under the lawful designation of the AG.
To many, it appears to be another one of those sickening melodrama episode appearing again. History repeat itself in our beloved land. It would be countless bickerings of diferent defination of rules and law. There will be countless conflicts of precedences and jurisdictions. We probably have to agree that this could be the reason behind the calls for the AG to be given leave until his case is fully investigated and brought to justice. Then at least there would be no conflict of decision and interest.
2 comments:
It is definitely not up to the AG to decide. It is up to the President of umNO right!
MalaysiaBolehland.com
There will be to decision lah..believe me. It is Gani Empattahil remember?
No decision is the best decision.
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