Attorney-general Mohamed Apandi Ali said today that he decided to withdraw charges against National Feedlot Corporation Sdn Bhd (NFC) executive chairperson Mohamad Salleh Ismail because there was not enough evidence.
“I follow the practice of my former boss (former attorney-general) Abu Talib Othman.
“If only there is more than 90 percent evidence, then we’ll charge,” Apandi said when met by reporters after he attended the launching of the book Criminal Litigation Process: Third Edition in Kuala Lumpur.
Asked if that was the reason why he decided to withdraw the charges against Salleh, Apandi, who used to be a deputy public prosecutor (DPP), said ‘yes’.
He added that they usually review cases if the lawyers submit a representation and if the representation was justified, they would accede to it.
The new Attorney General and Najib lap dog makes public his policy of prosecuting only where “there is a 90% chance of conviction”
Without commenting n the case which prompted this ludicrous remark it is legitimate to enquire how he arrives at this benchmark. He has all the evidence on his desk. If something s lacking, the normal procedure is to send the IP back to his fellow lap dog Khalid for further enquiry.
Where, on the other hand, there is a clear prima facie case it is his public DUTY to send the case before the Courts.
In case he has forgotten he should remember that it is the function of the Courts to decide guilt or otherwise and he has no judicial function or discretion.
His remit is limited to ensuring that there is enough evidence to justify a trial. Of course in the current case there are clearly other motives for dropping the charges. He knows and the public know what these motives are.
A final question. If his office had sufficient evidence to frame a criminal charge against his boss Najib why has he not pursued it? According to his claims about the established practice of his office, that charge against a sitting Prime Minister MUST have been backed by 100% evidence?!