However, Salim Bashir says the prosecution must have absolute discretion to withdraw or amend a criminal charge before closing its case.
Lawyer Salim Bashir says amendments to restrict the attorney-general’s power to discontinue criminal cases should receive unanimous support in Parliament as it is aimed at promoting the rule of law.
Article 145 gives the AG, who is also the public prosecutor, complete discretion to institute, conduct and discontinue all criminal proceedings before the courts. Salim was commenting after the prosecution secured a discharge not amounting to an acquittal for deputy prime minister Ahmad Zahid Hamidi in respect of his Yayasan Akalbudi corruption case.
Zahid and 14 defence witnesses had already testified in a bid to establish reasonable doubt in the prosecution case.
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