Azalina: The Prime Minister is not the Public Prosecutor

UMNO information chief Datuk Seri Azalina Othman Said said prosecutorial independence cannot be compromised, The Star reported on Tuesday, 13 October 2026.

She was replying to Jelutong MP RSN Rayer, who had urged the Prime Minister to make sure a certain individual is charged again.

What UMNO said

Azalina said the Prime Minister is not the Public Prosecutor. Article 145(3) of the Federal Constitution gives the Attorney General the discretion to start, conduct or discontinue proceedings, and that power rests on law and evidence, not political will.

Different outcomes in different cases, she said, do not automatically prove political interference or bias. The Attorney General's Chambers has also explained its earlier decisions on a discharge not amounting to an acquittal (DNAA) and no further action (NFA).

The statement noted that the Federal Court has granted leave to appeal against the Court of Appeal's decision in the Yayasan Akalbudi case, which concerns the Malaysian Bar's bid to start a judicial review.

Background

The Yayasan Akalbudi case involves UMNO president and Deputy Prime Minister Datuk Seri Dr Ahmad Zahid Hamidi. The Bar is challenging both the 2023 DNAA and the January 2026 NFA decision. Its NFA challenge is on hold until the Federal Court rules.

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• Bar's challenge to Zahid NFA on hold until Federal Court rules
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Sources

• The Star, Prosecutorial independence cannot be compromised, Umno tells Jelutong MP