'Bar Council doesn’t take up criminal prosecution'
The Bar Council has clarified that it is not its function, as an organisation, to undertake any criminal prosecution.
The Bar Council has clarified that it is not its function, as an organisation, to undertake any criminal prosecution.
Bar Council president Christopher Leong said this in response to PKR parliamentarian Gooi Hsiao Leung who urged the body to approach Attorney General Abdul Gani Patail to apply for a fiat (order) to initiate criminal proceedings against Perkasa president Ibrahim Ali.
Leong, however, told Malaysiakini that any fiat to be issued by the AG would be to an individual lawyer.
He also explained that fiats are only issued in cases where the AG, as the public prosecutor, wishes to commence prosecution but is either constrained by time, resources or expertise.
“Hence, the public prosecutor would only issue a fiat if he is of the view that a particular matter warrants prosecution.
“This is because the person holding the fiat is representing and prosecuting on behalf of the public prosecutor,” he said.
Gooi today urged Abdul Gani ( right ) to issue a fiat to the Bar Council to initiate criminal proceedings against Ibrahim.
This is because the AG seemed “reluctant” to take up the case, claimed Gooi, on Ibrahim who had threatened to burn the Bible.
Yesterday, Abdul Gani was reported as saying that Ibrahim could not be charged under Section 505(b) and 505(c) of the Penal Code because the “intent” element was not qualified.
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