Kuala Lumpur:The rule of law must be upheld consistently, irrespective of the political standing or identity of any individual involved, stated UMNO Information Chief Datuk Seri Azalina Othman Said.
According to BERNAMA News Agency, the Minister in the Prime Minister's Department (Law and Institutional Reform) highlighted that prosecutorial decisions should be based on legal considerations, facts, and evidence, rather than political pressure or demands. She responded to calls by the Jelutong MP for the Prime Minister to ensure a particular individual is charged again, stressing that the constitutional position of prosecutorial powers under the Federal Constitution and the need to prevent political interference are fundamental issues that must be considered.
Azalina explained that the Prime Minister is not the Public Prosecutor. Article 145(3) of the Federal Constitution grants the Attorney-General the discretionary power to institute, conduct, or discontinue proceedings for any offense, within the applicable constitutional and legal framework.
She emphasized that the principle of prosecutorial independence should be respected in political practice, not just in proposals for institutional reform. While parties have the right to question prosecutorial decisions and seek explanations, different decisions in separate cases do not inherently indicate political interference or biased treatment.
Azalina noted that the Attorney-General's Chambers had provided explanations regarding the reasons for seeking a discharge not amounting to an acquittal (DNAA) and the decision of no further action (NFA). Criticism of any decision should be supported by facts and clear grounds, rather than assumptions or political pressure, she remarked.
Justice must apply to everyone—government leaders, opposition, or ordinary citizens. No one should receive immunity from the law due to their office or political standing. Everyone, including UMNO leaders, is entitled to a fair legal process and must not be targeted for prosecution solely to meet political demands.
Regarding the Yayasan Akalbudi case, Azalina mentioned that the Federal Court has granted leave to appeal against the Court of Appeal's decision, allowing the Malaysian Bar to initiate a judicial review. The related proceedings are ongoing, and the courts should resolve the disputed legal questions. Political pressure on the Prime Minister to determine prosecutorial action cannot substitute for this process.
She concluded by reaffirming UMNO's respect for the right of any party to pursue legal avenues, while underscoring that court proceedings must proceed without political pressure.