Prime Minister Anwar Ibrahim cannot determine whether an individual should be charged again, as prosecutorial powers rest with the Attorney-General under Article 145(3) of the Federal Constitution, UMNO Information Chief Datuk Seri Azalina Othman Said said.
Azalina said prosecution decisions must be based on legal considerations, facts and evidence rather than political pressure or demands.
She stressed that the rule of law must be upheld consistently, regardless of the political position or identity of anyone involved.
“The Prime Minister is not the Public Prosecutor. Article 145(3) of the Federal Constitution grants the Attorney-General the discretion to institute, conduct or discontinue proceedings for an offence, subject to the applicable constitutional and legal framework,” she said in a statement.
Azalina added that prosecutorial independence must be respected in political practice and not merely included in proposals for institutional reform.
She said all parties had the right to question prosecution decisions and seek reasonable explanations. However, differences in decisions between cases did not, by themselves, prove political interference or unequal treatment.
“In this case, the Attorney-General’s Chambers has provided explanations regarding the reasons for the application for a discharge not amounting to an acquittal (DNAA) and the decision to take no further action (NFA).
“Criticism of a decision must be supported by facts and clear grounds, rather than assumptions or political pressure alone,” she said.
Azalina said UMNO also upheld the principle of equality before the law, stressing that no one should be granted immunity simply because of their office or political standing.
At the same time, she said everyone, including UMNO leaders, was entitled to a fair legal process and should not be targeted for prosecution merely to satisfy political demands.
“The principle of justice must apply to everyone, whether they are government leaders, opposition figures or ordinary citizens,” she said.
On the legal challenge involving the Yayasan Akalbudi case, Azalina said the Federal Court had granted leave to appeal against a Court of Appeal decision allowing the Malaysian Bar to initiate judicial review proceedings.
She said the related proceedings were ongoing and that the disputed legal questions should be decided by the courts.
“Political demands for the Prime Minister to determine prosecution action are no substitute for this process.
“UMNO respects the right of any party to pursue the available legal avenues and, at the same time, maintains that court proceedings must be allowed to run their course without political pressure,” she said.
Azalina stressed that prosecutorial independence, institutional accountability and equality before the law were not principles that could be selectively applied according to political interests.
“UMNO will continue to uphold the principle that the law must be enforced fairly, judicial processes must be respected, and prosecution decisions should not be determined by political demands against any individual,” she said.
