“Interest of justice” is being used as an excuse for refusing to enforce laws they don’t agree with in that given example. “Contrary to the interest of justice” is always going to be a squishy term, but calling a blanket refusal to prosecute something that the legislature has decided to criminalise is, in my opinion, not an exercise of discretion but an abuse of it and willing dereliction of duty.
“Interest of justice” is being used as an excuse for refusing to enforce laws they don’t agree with in that given example. “Contrary to the interest of justice” is always going to be a squishy term, but calling a blanket refusal to prosecute something that the legislature has decided to criminalise is, in my opinion, not an exercise of discretion but an abuse of it and willing dereliction of duty.