Courts not forum to challenge prosecutorial discretion, says judge

SHAH ALAM: The High Court here has struck out a lawsuit by a former company director who sought to challenge a criminal breach of trust charge, ruling that the courts cannot be used as an “indirect forum” to dispute the prosecution’s decision on grounds that a person is unhappy with it.

Judicial Commissioner Asmah Musa said the Federal Constitution clearly vests the attorney-general with the power to commence, conduct or discontinue criminal proceedings, and that power cannot be circumvented through private litigation.

“A private litigant or plaintiff cannot, through a civil action for declarations and damages, convert their disagreement with a prosecutorial decision into a private law cause of action (civil law claim).

“The plaintiff cannot, through this civil suit, arrogate to himself a right to interfere with or challenge the continuation of a prosecution simply because he says it ought not to have been brought or maintained,” she said in delivering her judgment.

Teh Teng Cheng had sued his former business partner, Malaysian Anti-Corruption Commission (MACC) officers, and the attorney-general, alleging that investigations and prosecution against him were carried out in bad faith.

He was charged with cheating a steel company of RM7.3 million at the Kuantan sessions court four years ago but was later granted a discharge.

He was subsequently charged with criminal breach of trust involving the same amount at the sessions court in 2023.

Asmah pointed out that in the lawsuit, Teh had alleged his former partner fabricated a report and “used” the MACC to get him charged.

“This is an attempt to make the private complainant a scapegoat for the decisions of public authorities and thereby divert attention from ongoing criminal proceedings,” she said.

Asmah also said once a complaint is lawfully received and investigations begin, the process falls under the authority of the relevant enforcement agencies.

She said a person cannot use a civil lawsuit to challenge or interfere with an ongoing investigation.