‘PM bukan pendakwa raya’, Azalina minta Rayer hormat kebebasan pendakwaan AG

On September 2023, Umno President Zahid Hamidi was granted DNAA for all 47 charges related to the Akalbudi Foundation while awaiting further SPRM investigation. (Picture Bernama) Pahang's Azalina Othman Said accused DAP MP Rayer of urging Prime Minister Anwar Ibrahim to ensure the Attorney General (AG) revokes Zahid Hamidi's prosecution in the Akalbudi Foundation case.

The Umno Communications chief, also a minister in the Prime Minister's Department (Legal and Institutional Reform), stated that the constitution grants the AG the power to initiate, conduct or terminate proceedings in a case. "The Prime Minister is not the chief prosecutor," she said in a statement. She added that the decision to prosecute should be based on legal considerations, facts, and evidence, not political pressure or policy demands.

"The principle of free prosecution must be respected in political practice, not just in institutional reform proposals." While discussing the 2027 Budget, Rayer questioned the dismissal of charges against Zahid and urged Putrajaya to avoid prosecuting the elected member to combat corruption. In September 2023, Zahid was granted DNAA for all 47 charges related to the Akalbudi Foundation while awaiting further SPRM investigation.

In January, the Attorney General's Office (AGC) classified the case as not requiring further action (NFA). Attorney General Dusuki Mokhtar later stated that the case has been resolved 'once and for all' after the AG's team investigated six representations presented by Zahid's defense team, declaring the leader of the Barisan Nasional (BN) "unprosecutable."

Azalina said DNAA and the NFA decision did not prove political interference or favoritism, stressing that any prosecution should present evidence. She said the AGC has also provided explanations regarding the DNAA request and NFA decision. "Criticism of any decision must be supported by clear facts and foundations, not mere assumptions or political pressure," she said.

According to her, no one should be given immunity from the law solely because of their political position or office. "In this regard, any individual, including Umno leaders, has the right to a fair legal process and cannot be targeted solely for political purposes," she added. The Federal Court had approved a petition for clarification regarding the Supreme Court's decision to allow the Bar Association to conduct a preliminary hearing.

"The ongoing legal proceeding on the matter should be decided by the court. Political desecration for the AG to determine prosecution action cannot replace that process," she said.