Can the Attorney General prosecute the Prime Minister for criminal offences in the country?

I welcome the stronger stand taken by the Deputy Prime Minister Tan Sri Muhyiddin Yassin this evening for the investigation of the allegations against the Prime Minister, Datuk Seri Najib Razak following the Wall Street Journal report that claimed US$700 million (RM2.6 billion) of 1MDB’s funds had been deposited into the Prime Minister’s personal bank accounts.

During the investigation into the allegations against the Prime Minister, Najib should go on leave as it is inconceivable that any thorough, professional and credible investIgation into any sitting Prime Minister could be carried out.

Justice must not only be done, but must be seen to be done – and this is particularly pertinent and relevant where an investigation into allegations against the Prime Minister is concerned.

As the Deputy Prime Minister has spoken with candour that there should be an investigation into WSJ allegations against Najib in the WSJ report yesterday, Najib should do what is right and honorable for the country.

Najib should not put the country under a cloud of disgrace and infamy for having a Prime Minister against whom grave allegations of Prime Ministerial misconduct and even criminal offences had been made by an internationally reputable global publication, and he should take leave until the investigations are completed.

Of course, in the circumstances where Najib has to take leave from the office of Prime Minister, it would be understandable to lay down a time-frame for the completion of the investigations, so that there would not be any undue delay for Najib to resume his duties as Prime Minister.

Wall Street Journal has today stood by its report which made the grave allegations against the Prime Minister, stressing that both Najib himself and the Attorney-General Tan Sri Gani Patail had seen the documents which had been the basis of the WSJ allegations against the Prime Minister.

I want to ask Gani whether Attorney General can arrest, charge and prosecute the Prime Minister for criminal offences in the country.

Article 145(3) of the Malaysian Constitution which stipulates that the Attorney General “shall have the power, exercisable at his discretion, to institute, conduct or discontinue, any proceedings for an offence” is very clear that the Attorney General can charge and prosecute the Prime Minister, but would Gani do so if the circumstances for such an unusual and unprecedented action arises?

In fact, Gani owes the Malaysian public an explanation what actions he has taken after examining the documents on which WSJ has grounded its allegations against the Prime Minister two days ago,

I will ask to meet with the Attorney General next week on these momentous developments in the country.