Courts have no power to force prosecutors to withdraw charges, says CJ

Chief Justice Tengku Maimun Tuan Mat says members of the judiciary must be prepared to withstand public scrutiny and swallow the hurtful, unfair and baseless allegations against them if their decisions do not tally with public opinion. – The Malaysian Insight file pic, July 10, 2020.

THE court does not have the power to direct or urge the public prosecutor to file or withdraw charges against any party in criminal cases, said Chief Justice Tengku Maimun Tuan Mat.

“The court cannot force or push the prosecution to proceed with a trial on a charge brought in court, if the prosecution has decided to drop or withdraw the charge,” she said.

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