Zahid’s DNAA: govt must admit public discontent, AG must explain decisions, says Guan Eng

This comes after Bar Council says AGC's explanation lacks justification, prompting calls for AG decision-making transparency

Speaking in the Dewan Rakyat today, Lim Guan Eng says that newly-appointed attorney-general Datuk Ahmad Terrirudin Mohd Salleh should give a more detailed explanation of certain decisions the AGC has made, as many quarters, including the Bar Council, are dissatisfied. – Information Dept pic, September 13, 2023

KUALA LUMPUR – DAP national chairman Lim Guan Eng (Bagan-PH) has reiterated calls for the attorney-general (AG) to clarify its decisions, which have resulted in public criticism and backlash. 

Speaking in the Dewan Rakyat today, Lim said that newly-appointed AG Datuk Ahmad Terrirudin Mohd Salleh should provide further explanation on “certain calls” the Attorney-General’s Chambers (AGC) has made. 

“The new AG should give a more detailed explanation of a few decisions (the AGC) has made, as the government must admit that many quarters, including the Bar Council, are dissatisfied (with the decisions).

“A more comprehensive and transparent explanation can help to boost confidence in the calls made by the AG,” Lim said during his debate on the 12th Malaysia Plan Mid-Term Review. 

While Lim did not mention specific decisions by the AGC, the Bar Council had previously expressed its criticism of the AGC’s statement defending its decision to submit a conditional discharge request for Datuk Seri Ahmad Zahid Hamidi (Bagan Datuk-BN) from his graft trial. 

The Bar had argued that the AGC’s explanation was “completely devoid of proper justifications” as to why it had requested for the deputy prime minister’s discharge not amounting to an acquittal (DNAA) on all 47 of his corruption, criminal breach of trust, and money laundering charges. 

In response, the AGC refuted the Bar Council’s allegations that it had tarnished its reputation and credibility over Zahid’s DNAA, stressing that “any discretion exercised by the AG is never done arbitrarily or with any external interference”. 

DAP secretary-general Anthony Loke (Seremban-PH) had also earlier called on the AG to explain factors that led to Zahid’s DNAA, saying: “While DAP respects the court’s process and decision, for the sake of justice and accountability, an explanation by the AG is important to ensure public confidence in the country’s legal system.”   

Meanwhile, Lim also said that the government should set a one-year time frame to perfect its move towards separating the functions of the AG and the public prosecutor, adding that this will convince the people of the unity government’s good intentions. 

Datuk Seri Radzi Jidin (Putrajaya-PN) then interrupted Lim’s speech to question if he agreed that Datuk Seri Mohamad Sabu (Kota Raja-PH) had “correctly predicted” that Barisan Nasional (BN) would appoint a new AG and public prosecutor if it were to gain federal power. 

“Before GE15 (15th general election), Kota Raja (Mohamad) said that if BN wins, the AG and public prosecutor will be changed. Do you agree that (Terrirudin’s appointment) was predicted even back then?” Radzi questioned.

A brief shouting match then transpired between lawmakers across the aisle, culminating in Lim questioning why the opposition had not “made noise” when the unity government had opted for a one-year contract renewal for Terrirudin’s predecessor, Tan Sri Idrus Harun. 

Idrus was appointed on March 6, 2020, under then-prime minister Tan Sri Muhyiddin Yassin’s (Pagoh-PN) administration on a two-year contract. 

“Why didn’t you make noise when we retained the AG appointed by the previous government? 

“You only make noise when (an appointment) does not side with you. 

“Don’t try to politicise this issue here, it’s useless and does not benefit the people,” Lim said. 

Terrirudin and Idrus are set to be called by the Parliamentary Special Select Committee on Human Rights, Election and Institutional Reforms in its proceedings to analyse the separation of functions between the AG and the public prosecutor’s office. 

Zahid’s DNAA will be one of the high-profile court cases scrutinised by the committee. – September 13, 2023