ATTORNEY-GENERAL Idrus Harun must give a detailed explanation why the appeal against the Court of Appeal’s decision to acquit former federal territories minister Tengku Adnan Tengku Mansor in a RM2 million corruption case was withdrawn, the Malaysian Bar said.

President A.G. Kalidas said the Bar was perturbed by the Attorney-General’s Chambers’ (AGC) decision to withdraw the appeal, taking into consideration that the Court of Appeal’s decision was not unanimous.

Tengku Adnan, 70, who is also Putrajaya MP and Umno treasurer, was found guilty last December 21 of the graft charge by Justice Mohamed Zaini Mazlan and sentenced to 12 months’ jail and fined RM2 million.

This decision was overturned by Justice Suraya Othman at the Court of Appeal on July 16, along with Justice Ahmad Nasfy Yasin, while Justice Abu Bakar Jais wanted the court to keep the conviction and sentence.

This led to the prosecution filing the appeal three days later. However, the appeal was withdrawn earlier this month.

“The attorney-general is the principal legal adviser to the government and is also the public prosecutor.  

“The power granted by the Federal Constitution to institute any proceedings for an offence is exercisable at his discretion. It is our view that the reasons behind withdrawing an appeal in such a high-profile case must be revealed to demonstrate accountability to the rakyat,” Kalidas said in a statement.

He said that as a matter of good governance, questions regarding the integrity of such a public figure must be answered in a transparent manner, and not be left ignored, adding that the AGC has yet to provide any statement for its decision.

“It is axiomatic that the attorney-general answers for the exercise of the constitutional power that he holds and the discretion to discontinue prosecutions, because these powers are exercised on behalf of the rakyat and for the rakyat.

“The wide-ranging discretionary powers held by the attorney-general in his capacity as the public prosecutor must be weighed comprehensively against the rule of law and the administration of justice.

“Any suggestion that a public figure is able to use his/her influence to buy himself/herself out of accountability must be avoided at all costs.”

Kalidas said the position of the AGC as a bastion of justice and a guardian of public interest must be fiercely guarded and as such the need for the attorney-general to give a detailed explanation behind the withdrawal of the appeal. – November 19, 2021.