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MP urges consistent use of AG's power to drop prosecutions

MP Adnan Abu Hassan called for uniform application of the attorney-general’s discretion to discontinue criminal cases, citing several past examples during a budget debate.

In a parliamentary debate on the 2027 budget, MP Adnan Abu Hassan pointed to multiple cases where the attorney-general used discretionary power to stop criminal proceedings, resulting in acquittals for former MPs Rafizi Ramli, Tamrin Abdul Ghafar, Hassan Karim, as well as Lim Guan Eng and businesswoman Phang Li Koon. He questioned why similar discretion could not be applied to the Zahid corruption case, emphasizing that the issue concerns rule-of-law consistency, not partisan defence.

Citing Article 145(3) of the Federal Constitution, he urged constitutional reforms if the government wishes to alter the AG’s role, rather than meddling in individual cases. Ramkarpal Singh agreed with the principle but pressed on whether the AG should step in when courts have already ruled on strong evidence, to which Adnan replied that past discontinuations involved numerous witnesses and that any change must be legislated in the Dewan Rakyat. He concluded that one outlet legal framework remains the rule of law until amended.

Why it matters

It highlights debate over prosecutorial independence and consistency in Malaysia's legal system.

In this story

prosecutorial discretionarticle 145(3)corruption caserule of lawbudget debatedischarge not amounting to acquittallegal reform
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