Noordin Haji Suffers Blow in Prosecution of Graft Cases
Prosecuting graft cases might be an uphill task for the Director of Public Prosecutions Noordin Haji after the Appellate Court recently ruled that the High Court has a duty of evaluating the legality of the charges brought against a suspect and the prospect of securing a conviction.
Previous rulings by the court were that the task of evaluating such evidence was to be left to the trial magistrate.
The High Court, however, can consider the circumstances presented before it and determine whether the DPP was properly guided in bringing the charges or abused his discretion by being motivated by factors other than the pursuit of justice.
If, in the court’s view, the DPP took into account extraneous factors, it can quash such charges but the discretion to prosecute criminal offences is not to be lightly interfered with.