KUALA LUMPUR, March 17 ― Attorney-General (AG) Tan Sri Mohamed Apandi Ali should to reveal his reasons for clearing the prime minister of wrongdoing in the SRC International and RM2.6 billion donation cases, Transparency International Malaysia (TI-M) said today.

The AG needs to act independently and be seen as acting independently, the anti-graft group added.

“In this regard there have been many questions asked from various quarters on the A-G’s decision not to proceed with the three investigation papers submitted by Malaysian Anti-Corruption Commission (MACC) on the RM2.6 billion donation and also SRC International with the MACC.

“Very clearly the A-G needs to come clean and be transparent to explain why and what is the justification and the basis for not proceeding with recommendation of the MACC and for instructing MACC to close their files,” TI-M’s president Datuk Akhbar Satar said in a statement today.

He added that Apandi needed to act not only according to the law, but also for the “public good,” and to prosecute anyone who breaks the law.

“Any such exercise to the contrary would be considered an abuse of discretionary power and deemed unconstitutional,” he said.

TI-M also suggested that the powers of the AG and the public prosecutor (PP) be separated, like in the UK where the duties of the AG and Crown Prosecutor Services are independent of each other, to ensure that both parties can act transparently.

“Since the PP is also the AG, greater concern of his independence and integrity is demanded by the public to ensure that criminal justice is enforced fairly and impartially.

“This separation of powers as a method of checks and balance will ensure that prosecution decisions can be made without any fear or favour and protected from political interference,” he said.

Akhbar noted that currently, the AG is appointed by the Yang di-Pertuan Agong based on a nomination of the prime minister. According to Article 145 (3) of the Federal Constitution, the AG is the “highest ranking public prosecutor” in the country and is also the PP, he added.

But he said the PP should be answerable to Parliament and not to the executive arm of government while the AG, who is a public servant, must act independently and apolitically in the in the interest of the nation.

Apandi told a press conference last January 26 that he found the prime minister did not commit any criminal offence in relation to the SRC International and RM2.6 billion cases, claiming that the RM2.6 billion was a donation from the Saudi royal family and that Najib was not aware that money had been transferred into his personal accounts from SRC International.

The Malaysian Bar has since filed a judicial review at the High Court about the decision, which has faced fierce criticism, as they claim that the courts had the power, and not the AG, to “to decide on the innocence or guilt of a suspect in respect of any alleged crime.”