2 July 2009 - Opposition leader Anwar Ibrahim suffered a setback when the Court of Appeal dismissed his appeal for the latest sodomy trial to be heard at the Sessions Court instead of the High Court.
However, what was important in today's decision was the court deeming the Prime Minister incompetent in giving assurances to the public that Attorney-General (AG) would not be involved in the case or any other cases.
Justice Abdull Hamid Embong, who led the three-member bench said the AG was the rightful person to sign the certificate and no one else under section 418 of the Criminal Procedure Code.
"In our view the PM is not the competent authority on matters concerning criminal prosecutions in our country," he said, adding that this authority under Articles 145 (3) of the Federal Constitution is vested solely in the public prosecutor (AG).
"All prosecutions are in his name as the representative of the state and public interest. No member of the executive, not even the PM can interfere or fetter this independent powers of the AG in respect of prosecutions."
However, what was important in today's decision was the court deeming the Prime Minister incompetent in giving assurances to the public that Attorney-General (AG) would not be involved in the case or any other cases.
Justice Abdull Hamid Embong, who led the three-member bench said the AG was the rightful person to sign the certificate and no one else under section 418 of the Criminal Procedure Code.
"In our view the PM is not the competent authority on matters concerning criminal prosecutions in our country," he said, adding that this authority under Articles 145 (3) of the Federal Constitution is vested solely in the public prosecutor (AG).
"All prosecutions are in his name as the representative of the state and public interest. No member of the executive, not even the PM can interfere or fetter this independent powers of the AG in respect of prosecutions."
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