Zaid said the investigation into potentially criminal elements contained in a book authored by former AG Tommy Thomas raised concerns of selective prosecution.
He said the alleged inaction by Thomas’ successor, Idrus Harun, did not help the situation.
“Pending the appointment of a new AG, which is bound to take place after the coming general election, all high-profile cases ought to be suspended,” he said.
These include the cases against Lim Guan Eng (DAP), Syed Sadiq Syed Abdul Rahman (Muda) as well as Ahmad Zahid Hamidi and Shahrir Samad (both Umno), he said in an interview with FMT.
On Friday, Prime Minister Ismail Sabri Yaakob said a special task force formed to study Thomas’ memoirs had narrowed down potentially offensive material contained in the book to four main issues.
Among them were allegations about the improper appointment of judges and various other abuses by Thomas of his powers, which Zaid said included instances of selective prosecution.
“Those two issues are extremely troubling as they have the potential to bring the justice system into disrepute,” said Zaid.
On Idrus, he said the current AG has also done nothing to inspire confidence in Malaysia’s system of justice.
He said this was clear during Najib Razak’s SRC International criminal trial and appeals.
“Everyone knows trial judge Nazlan Ghazali ought to have recused himself from hearing the trial as he was biased and under a serious conflict of interests,” he said.
He said it was now “public knowledge” that the Malaysian Anti-Corruption Commission (MACC) had issued a report confirming Nazlan’s conflict of interest.
“That report was submitted to AG Idrus Harun three months ago. Its contents, which were subsequently leaked on the internet, have never been denied by the AG or MACC.
“On top of that, MACC’s chief commissioner, Azam Baki, confirmed last week that investigations into the matter had been completed and that the final report had been submitted to the AG,” he said.
“Despite this, the AG has not said a word on the matter.”
The senior lawyer said it was more than likely that a combination of “Thomas’ indiscretions” and “Idrus’ inaction” had resulted in Najib Razak being “denied his constitutional right to a fair trial, wrongly convicted and languishing in jail”.
“Unfortunately, the failure of our justice system means that the burden of addressing this matter falls on the Yang di-Pertuan Agong via a petition of clemency,” he said, adding that he trusts that the King would exercise his wisdom in the most appropriate way “to correct this grave injustice”.
Zaid also pointed to the “negative perception” created among members of the public by Idrus’ unexplained withdrawal of charges against Baling MP Abdul Azeez Abdul Rahim.
“This clearly shows the deplorable state of affairs in our justice system,” he said.
“We cannot allow our justice system to be hijacked by any party for use as their political tool.
“A brief moratorium pending review by the next AG of all criminal cases involving politicians will go a long way towards reducing tensions in preparation for the coming elections.”