PUTRAJAYA: An accused person ought to be given the opportunity to review the Attorney-General’s prosecutorial discretion if the law had been misunders.
PUTRAJAYA, June 10 An accused person ought to be given the opportunity to review the Attorney General’s prosecutorial discretion if the law had been misunderstood or misapplied as the decision to prosecute can have enormous consequences on the person. Chief Justice Tun Tengku Maimun Tuan Mat,.
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(pic) is entitled to immunity from prosecution for acts committed while in office.
The bench, led by Chief Justice Tun Tengku Maimun Tuan Mat, in a unanimous decision, allowed Sundra Rajoo s appeal to reinstate a High Court decision that he (Sundra Rajoo), as a former high-ranking officer of AIAC, was immune from prosecution for acts done within his official capacity. In our view, the word ‘legal process’ employed in Part II of the Second Schedule of the International Organisation (Privileges and Immunities) Act 1992 includes criminal proceedings, ” she said.
The court answered the legal question in the affirmative, that the words immunity from suit or from other legal processes” in the Second Schedule of the International Organisation (Privileges and Immunities) Act 1992 included criminal proceedings.