from AG's Chambers - What do you do
After an investigation had been conducted, why was the case that I reported was NFA (no further action) or the suspect was not charged in court? Can I appeal against such decision of the Public Prosecutor? If I can, to whom can I forward my appeal to?
Thursday, 23 October 2008 06:22
Decisions on cases investigated by the police or any other law enforcement agency will depend solely on the available evidence. If there is credible evidence that corroborates the complainant’s allegation, then the suspect involved may be prosecuted in court. On the other hand, if the evidence shows otherwise, then no prosecution will be instituted. This is based on the basic principle relating to the institution of prosecution whereby it rests solely on the evidence.
There are several factors that lead to the decision to NFA a particular case. Among others are the lack of evidence to prove the case, the non-availability of important witnesses, the suspect cannot be traced, etc.
The decision of the Public Prosecutor with regards to the decision made against a report lodged may be appealed against by the complainant. However, the decision to accept the appeal is vested solely in the Public Prosecutor. This is clearly spelt out in Article 145(3) of the Federal Constitution where the power to institute criminal prosecution is vested with the Public Prosecutor. Although the powers are vested in the Public Prosecutor, the complainant can still appeal to the Public Prosecutor against his decision to NFA or to charge the suspect, especially when there is new evidence that can corroborate his allegation and hence changing the decision of the Public Prosecutor.
A written appeal may be forwarded to the Prosecution Division, Attorney General’s Chambers, either through the State Prosecution Unit or direct to the Headquarters in Putrajaya
