Delivering his maiden speech at the opening of the Legal Year today, Terrirudin said the public prosecutor was under no duty to inform the public why criminal charges were initiated or discontinued against any person.

The AG said the public prosecutor’s discretion to file or discontinue charges is enshrined under the Federal Constitution.

Rights group Lawyers for Liberty (LFL) director Zaid Malek said Chief Justice Tengku Maimun Tuan Mat had emphasised in the case of Sundra Rajoo v Menteri Dalam Negeri & Others that the public prosecutor’s discretion was not unfettred.

“Consequently, reasons must be provided. The exercise of a public duty can never be shrouded in secrecy, (otherwise it would be) contrary to the rule of law,” he said in a statement.

“No public officer, whether AG or prime minister, can exercise his powers at a whim or refuse to disclose reasons. To do so would be despotism and not democracy.”

Zaid said the AG’s statement suggests a lack of accountability to the public, which goes against the rule of law.

“In our democracy, there is no such thing as a public office that is not subject to public scrutiny and accountability,” he said.

Zaid also claimed the AG’s statement may be a response to public criticism following the prosecution’s request for a discharge not amounting to an acquittal (DNAA) for deputy prime minister Ahmad Zahid Hamidi in his Yayasan Akalbudi case.

“If so, this explanation is legally and constitutionally untenable and does not instil confidence in the criminal justice system,” he said.

At the time, civil society leaders demanded an explanation over the DNAA. Legal experts had also urged the AGC to consider explaining its decisions in high-profile cases to assure the public that no double standards are involved.