The attorney-general (AG), although is responsible for prosecutions, does not have unlimited prosecutorial discretion to charge or discontinue proceedings under the common law jurisdictions, according to William Leong.
The Selayang MP said the wide scope of prosecutorial discretion given by the courts is premised on the doctrine of separation of powers.
He was rebutting the points raised by Beaufort MP Azizah Mohd Dun that the AG has unfettered and absolute power in arriving at his prosecutorial decisions to charge or discontinue proceedings under Article 145(3) of the Federal Constitution.
Leong had earlier written a plea to Prime Minister Tan Sri Muhyiddin Yassin to state whether he approves of the court order to grant Riza Shahriz Abdul Aziz a discharge not amounting to an acquittal for money-laundering charges involving US$248 mil (RM1.08 bil) by returning only US$107.3 mil. Riza is the stepson of former prime minister Datuk Seri Najib Razak. – May 21, 2020
