Zahid’s DNAA: Was it AG or court who decided it? Legal experts clear the mix-up

KUALA LUMPUR, Sept 8 — Deputy Prime Minister Datuk Seri Ahmad Zahid Hamidi’s release on Monday from all 47 charges in his Yayasan Akalbudi trial sparked a heated debate, but public discussion seems to be mixed up on whether it was the attorney general or the High Court’s decision to discontinue the trial.

Mohamad Hafiz Hassan, a law lecturer at Multimedia University who teaches criminal procedure, said the public prosecutor is perfectly entitled under Article 145 to make the choice or decision to not further prosecute an accused person. “Legally, there’s no legal requirement which mandates that the AG provides reason before he can withdraw. But there are case laws which say after you withdraw, if you want a DNAA, that’s when you have to provide good grounds to justify the DNAA,” she said.Tiara Katrina said there are no written laws which state examples of situations where the AG would discontinue a trial, and there would also be no past court judgments analysing the prosecution’s reasons to discontinue the trial.

“So imagine a situation: a mother is charged with stealing a loaf of bread and there’s evidence to show she did that, but the reason she did that was because the child was starving and if she didn’t do that her child would die, there may be moral considerations, policy considerations not to prosecute her even though she’s technically guilty,” she said.

Hafiz said it is legally valid for the AG to drop the trial even when there is a prima facie case, noting that Section 254 states that the discontinuance of prosecution can be done at any stage of the trial before the court’s decision. When the AG decides to withdraw charges at different stages of trials such as the early stages or later after the prima facie stage, the reasons that the AG would take into account would be different, she said.

Source: Law Daily Report (lawdailyreport.net)

Malaysia Latest News, Malaysia Headlines

Similar News:You can also read news stories similar to this one that we have collected from other news sources.

AGC: Keputusan DNAA Zahid berdasarkan alasan kukuhKUALA LUMPUR: Permohonan pihak pendakwaan untuk melepas tanpa membebaskan (DNAA) Timbalan Perdana Menteri Datuk Seri Dr Ahmad Zahid Hamidi daripada se...
Source: theSundaily - 🏆 25. / 51 Read more »

Zahid's DNAA a double-edged sword for unity govt, says analystFree Malaysia Today is an independent, bi-lingual news portal with a focus on Malaysian current affairs. Since 2009, we have been presenting news and analyses round the clock, staying true to objectivity – the missing dimension in today’s news scene.
Source: fmtoday - 🏆 5. / 72 Read more »

Zahid’s DNAA a double-edged sword for unity govt, says analystThe DNAA granted to Ahmad Zahid Hamidi will ensure Umno’s continued participation in the unity government, but may erode public trust.
Source: fmtoday - 🏆 5. / 72 Read more »

DNAA Zahid jadi ‘pedang bermata 2’ kerajaan perpaduan, kata penganalisisKeputusan DNAA kepada Zahid Hamidi akan memastikan Umno terus bersama kerajaan namun mampu hakis kepercayaan awam.
Source: fmtoday - 🏆 5. / 72 Read more »

Zahid DNAA ignites firestormMORNING BRIEF | Key news you should know about
Source: malaysiakini - 🏆 20. / 51 Read more »

I had nothing to do with Zahid’s DNAA, says AnwarFree Malaysia Today is an independent, bi-lingual news portal with a focus on Malaysian current affairs. Since 2009, we have been presenting news and analyses round the clock, staying true to objectivity – the missing dimension in today’s news scene.
Source: fmtoday - 🏆 5. / 72 Read more »