KUALA LUMPUR: Attorney-General Tan Sri Idrus Harun must explain why the lead prosecutor in Datuk Seri Dr Ahmad Zahid Hamidi's graft trial was no longer involved in the case.
Lawyer Mohamad Haniff Khatri Abdulla said the absence of deputy public prosecutor Datuk Raja Rozela Raja Toran since the trial resumed on July 31 has sparked questions on whether there was interference from the executive since Zahid is deputy prime minister.
"This case involves charges against Zahid, who was accused before becoming the deputy prime minister. But he assumed the post after being required to answer a prima facie case.
"This (factor) is crucial because until now, there are no explanations made by the Attorney-General's Office regarding this matter (absence) despite the urgency," he said in a video that he posted on Facebook yesterday.
He said this when responding to a report in the New Straits Times on Aug 3
Haniff said one possibility for Rozela's absence is that Zahid could have requested for her dismissal due to the lead prosecutor's firmness in handling the case.
"Is Zahid not satisfied with the way he was treated? Is it because his ego is affected? If true, then it is wrong."
Haniff said Prime Minister Datuk Seri Anwar Ibrahim had been advised against appointing any minister who was facing any trial because some risks and perceptions could arise, and this could be happening now.
He questioned Idrus and the A-G's Chambers silence on the matter, and urged for them to clarify the matter soon.
"All of these perceptions can be ousted through explanations given by Idrus, who has been quiet since the first day of Rozela's absence," he said.
He said based on the legal perspective, lead prosecutors may be changed from time to time, but it must be based on reasonable grounds.
Among them is that if the prosecutor is promoted or transferred to a position, seat, or other fields and units.
"Then, indeed a prosecutor will be replaced by another. That is not an issue.
"But has Rozela been transferred, promoted or made a judicial commissioner? If so, then there is no negative perception that can arise from her absence.
"The next factor is due to sickness. If there are health problems faced by any deputy public prosecutor, he or she will be taken over by another prosecutor in the team so that the course of the trial is not harmed.
"Therefore, the issue of whether the lead prosecutor for Zahid's Yayasan Akal Budi graft trial has been dismissed or not must be answered by Idrus Harun."