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Solicitor-general defends letter, says AGC

adheres to gov't directives

Malaysiakini | Published: Today 6:06 pm | Modified: Today 6:06 pm

Solicitor-general III Mohamad Hanafiah Zakaria has defended his letter

conveying the government's directive for there to be no delays in the prosecution

of the SRC International Sdn Bhd, 1MDB and other graft cases.

"I wish to explain here that the Attorney-General's Chambers is part of the

machinery of the federal government and being part of it, we receive direction

and instruction from the government.

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"The AGC will always adhere to the government’s directive and instruction so

long as they are lawful and is not against the Federal Constitution or any written

law.

"Therefore, it is my duty, in my capacity as the solicitor-general III in charge of the

prosecution, to inform the deputy public prosecutors concerned of the directive

by the government for the trial in respect of the abovementioned cases to

expedite in accordance to the scheduled dates," he said in a statement today.

Hanafiah said this is consistent with Section 172B(4) of the Criminal Procedure

Code, which states that any trial shall commence no later than 90 days from the

date of an accused being charged.

"Similarly, the attorney-general is also of the view that the cases must be

expeditiously settled. Hence, my email is a reminder to the deputy public

prosecutors concerned that the cases must proceed as scheduled and that there

shall be no delay in conducting the cases.

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"In this regard, the deputy public prosecutors must be fully prepared and ever
ready to proceed with the hearing of the cases according to the scheduled
dates," he said.

Hanafiah added that while the prosecution will oppose any attempts to postpone
the cases, it is still ultimately up to the trial judge to decide.

He said the email was meant for deputy public prosecutors handling the SRC
International, 1MDB and other cases involving the previous "kleptocratic
government," and was surprised that an internal matter had found its way into the
public domain.

Yesterday, the opposition, including the MCA, had questioned the AGC's
impartiality over the leaked email.

The email said Prime Minister Dr Mahathir Mohamad had reminded that the
prosecution of the above cases should proceed according to schedule and

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should not be delayed or dragged on.

Solicitor-General defends call to speed up


cases
FMT Reporters
-
February 10, 2019 5:49 PM

Solicitor General defends conveying


government’s directive not to delay corruption
cases
Published 1 hour ago on 10 February 2019
By Danial Dzulkifly

Solicitor General III Datuk Mohamad Hanafiah Zakaria said Section 172B(4) of
the Criminal Procedure Code states that any trial shall commence no later than
90 days from the date of an accused being charged. — Picture by Yusof Mat Isa
KUALA LUMPUR, Feb 10 — Solicitor General III Datuk Mohamad Hanafiah
Zakaria today defended his letter conveying the government’s directive that there
should be no delays in the prosecution of corruption cases linked to the previous
government.

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His comments come after several parties had accused the Attorney General’s
Chambers (AGC) of being unfair towards the previous Barisan Nasional
administration after his email addressing Deputy Public Prosecutors (DPP)
handling cases related to SRC International Sdn Bhd, 1Malaysia Development
Berhad and other graft cases was leaked to the public.

“I wish to explain here that the AGC is part of the machinery of the Federal
Government and being part of it, we receive direction and instruction from the
Government.

“The AGC will always adhere to the Government’s directive and instruction so
long as they are lawful and not against the Federal Constitution or any written
law.

“Therefore, it is my duty, in my capacity as the Solicitor General III in charge of


prosecution, to inform the DPPs concerned of the directive by the Government
for the trial in respect of the above-mentioned cases to expedite in accordance to
the scheduled dates,’’ he said in a statement.

Hanafiah said this is consistent with Section 172B(4) of the Criminal Procedure
Code, which states that any trial shall commence no later than 90 days from the
date of an accused being charged.

Hanafiah added that while the prosecution will oppose any attempts to postpone
the cases, it is still ultimately up to the trial judge to decide.

He said the email was meant for deputy public prosecutors handling the SRC
International, 1MDB and other cases involving the previous “kleptocratic
government,” and was surprised that an internal matter had found its way into the
public domain.

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