KUALA LUMPUR, Oct 29 — The power to withdraw charges against two secondary school teachers in Penang accused of caning a disabled student rests solely with the Attorney General’s Chambers (AGC), M. Kulasegaran clarified in Parliament today.
Responding to calls for the charges to be dropped, the deputy minister in the Prime Minister’s Department (Law and Institutional Reforms) said that the government could not interfere in the matter due to the constitutional separation of powers.
“For your information, only the AGC has the power to initiate or withdraw charges. They have the authority under Article 145(3) of the Federal Constitution,” he said, referencing the clause that grants the Attorney General discretionary power over prosecutions.
Kulasegaran added that the AGC had already issued a statement explaining that the prosecution was pursued to protect the child’s welfare and that all actions taken were within the bounds of the law.
Yesterday, the AGC clarified that the charges are not meant to undermine the teaching profession, but were filed after considering all factors, including the rights of the affected student, who is disabled.
According to the AGC, its review found sufficient grounds to charge the teachers, who are alleged to have acted beyond established regulations.
Both teachers were charged under Section 324 of the Penal Code with voluntarily causing hurt by dangerous weapons or means on Oct 6 at the Magistrate’s Courts in George Town, Penang.
