AG holds sole power to prosecute Dr Mahathir over Pulau Batu Puteh, not govt, says law minister

KUALA LUMPUR, Dec 12 — Only the attorney general has the authority to prosecute former two-time prime minister Tun Dr Mahathir Mohamad over the loss of Malaysia’s claim to Pulau Batu Puteh.

Minister in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said addressed the issue during her winding-up speech on the Royal Commission of Inquiry (RCI) report debate, following questions from several MPs about the appropriateness of prosecuting Dr Mahathir.

“The issue of whether to prosecute or not is a matter for the attorney general, not the government. Under the Constitution, we all know that the attorney general is an independent individual. If there is a police report, the police will conduct an investigation, and then the gttorney general will decide.

“As of today, if no report has been lodged, how can we in this House direct the police to investigate or instruct the attorney general to prosecute? That’s not how it works. What I don’t understand is why some of you refuse to read this book,” she said, referring to the RCI report.

Earlier, Pasir Gudang MP Hassan Abdul Karim expressed his opposition to the RCI’s suggestion to lodge a police report against Dr Mahathir, citing the former prime minister’s significant contributions to the country.

The RCI had in a 217-page report distributed to MPs recommended a criminal investigation against Dr Mahathir.

According to the report, it can be initiated under Section 415 (b) of the Penal Code and he can be punished under Section 417 of the same Code and also under Section 418 of the same Code.

Shortly after concluding her speech, Azalina tabled a motion to postpone the Dewan Rakyat sitting to a later date, sparking commotion from the Opposition bloc. As a result, the vote to pass the motion on the RCI report will be deferred to the next session next year.