Umno Questions Double Standards In Calls To Recharge Zahid

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No individual should be granted immunity from the law because of their political position, Umno said, while insisting that everyone, including its own leaders, is entitled to a fair legal process.

The party information chief Datuk Seri Azalina Othman Said said the rule of law must be upheld consistently, regardless of the political standing or identity of those involved.

Azalina, who is also the Minister in the Prime Minister’s Department (Law and Institutional Reform) said the principles of justice and equality before the law must apply equally to government leaders, opposition politicians and ordinary citizens.

“At the same time, any individual, including Umno leaders, is entitled to a fair legal process and must not be made the target of prosecution merely to fulfil political demands,” The Pengerang MP said in a statement.

Azalina was responding to calls by Jelutong MP RSN Rayer for Prime Minister Datuk Seri Anwar Ibrahim to ensure Umno President and Deputy Prime Minister Datuk Seri Ahmad Zahid Hamidi is charged again in the Yayasan Akalbudi corruption case

“Why were the charges against Bagan Datuk [MP Ahmad Zahid] withdrawn? Why has he not been charged again when others on this side of the House are being brought to court?” the DAP MP was quoted as saying by The Edge .

Ahmad Zahid Hamidi was granted a discharge not amounting to an acquittal (DNAA) on all 47 criminal breach of trust, corruption and money laundering charges linked to Yayasan Akalbudi funds on Sept 4, 2023, after the prosecution sought to discontinue the case for further investigation. He had also applied to the Hight Court for a full acquittal, which remains pending.

Prime Minister Is Not Public Prosecutor

Azalina said the Prime Minister was not the Public Prosecutor and should not be pressured into directing prosecution against a particular individual.

She cited Article 145(3) of the Federal Constitution, which empowers the Attorney-General to institute, conduct or discontinue proceedings for an offence, subject to the applicable constitutional and legal framework.

“Prosecution decisions must be made based on legal considerations, facts and evidence, not political pressure or demands,” she said.

She added that the principle of prosecutorial independence must be upheld consistently, warning against rejecting political interference in prosecutions while simultaneously demanding that the prime minister ensure a specific individual is charged again simply because a party disagrees with a decision.

According to Azalina, prosecutorial independence must be respected in political practice and not merely advocated as part of institutional reform proposals.

Claims Of Double Standards Must Be Supported By Evidence

Azalina said all parties had the right to question prosecution decisions and seek reasonable explanations. However, differences in outcomes between cases did not automatically prove political interference or preferential treatment.

In the case of Ahmad Zahid, she said the Attorney-General’s Chambers had explained the reasons behind the application for DNAA and the decision to take no further action (NFA).

She stressed that criticism of prosecution decisions should be supported by facts and clear grounds rather than assumptions or political pressure.

Azalina also said no one should be considered above the law because of their position, while cautioning against using prosecution as a political tool.

Courts Must Be Allowed To Decide

On the legal challenge involving the Yayasan Akalbudi case, Azalina said that the Federal Court had granted leave to appeal against the Court of Appeal’s decision allowing the Malaysian Bar to initiate judicial review proceedings.

She said the related proceedings were ongoing and that the disputed legal questions should be determined by the courts.

“Political demands for the prime minister to determine prosecution action are no substitute for that process.”

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