The new Attorney-General, Ainum Mohd Saaid, must be allowed to perform her duties in accordance with her constitutional powers which grant her the discretion to prosecute anyone, said de facto law minister Dr Rais Yatim.

"Article 145 of the Federal Constitution gives the AG the freedom of choice in prosecuting based on her discretion. Her constitutional function must be unfettered," Rais told malaysiakini today.

(Article 145 (3) states that the AG shall have power, exercisable at his discretion, to institute, conduct or discontinue any proceedings for a criminal offence.)

Rais said that Ainum's assured independence in this aspect would continue to reflect the high hopes of the public on the AG's Chambers.

Rais was commenting on the recent appointment of Ainum, 54, as the AG for two years beginning Jan 1 as well as the appointment of Federal Court judge Mohamed Dzaiddin Abdullah, 63, yesterday as the Chief Justice. ([#1] Peguam Negara wanita pertama dilantik[/#] , Dec 19)

He also said that Ainum was the right candidate for the post to replace Mohtar Abdullah, whose contract of service ends at the end of the year.

Right criteria

"She is well qualified and her previous experience with the Chambers was the main criteria for the government to appoint her," he added.

Ainum, who is set to become the first woman AG, had served with the AG's Chambers for 26 years from July 1970 to January 1996, holding the posts of head of prosecution as well as Parliamentary Draftsman.

She is at present the deputy chief executive of the Securities Commission.

Rais said that he would be working closely with Ainum and will be looking to make some progress in certain areas.

"One such area involves the need to work out a fast process relating to parliamentary Bills," he said.

No interference

The minister also said that he hoped for a continued understanding between the AG's Chambers and the judiciary under the new leadership of Dzaiddin.

"The understanding should always be there. We expect both the AG's Chambers and the judiciary to understand the boundaries of each institution," he said.

"No one should interfere with the functions of the judiciary and similarly no one should interfere in the prosecutorial functions of the AG," added Rais.

On the appointment of Dzaiddin, Rais said that he supported Dzaiddin's statement yesterday that his first priority was to repair the damage that had been done to the judiciary.([#2] New CJ aims to 'put house in order'[/#] , Dec 20)

Outside influence

"We support his efforts to make the judiciary more accessible to the public. We have full confidence in his enthusiasm," said Rais.

"We have suffered some setbacks due to various outside influences but this can now be addressed by the programmes of the new Chief Justice," he added.

He added that the government will assist Dzaiddin to "diligently pursue the rule of law".