Bar: AG caught in ‘conflict of interest’ situation
It argues that the Attorney-General advises the Cabinet and at the same time made a “no prosecution” decision.
KUALA LUMPUR: The Malaysian Bar stressed in the High Court on Thursday that Attorney-General (AG) Mohd Apandi Ali was caught in a “conflict of interest” situation.
For one, he was adviser to the Cabinet.
For another, the AG also announced that Prime Minister Najib Razak did not commit any offence in three mega global financial scandals.
The Bar cited the three scandals as a RM2.6 billion political “donation”, SRC International and 1MDB.
The AG should disqualify himself in making the “no prosecution” decision, argued the Bar in a bid to obtain leave to challenge the AG (on the decision).
“He advised the Cabinet on the three scandals.”
The Bar, in pointing out the AG did not deny acting as adviser to the Cabinet on the three scandals, reiterated that he was in a “conflict of interest” situation.
“That was clear when he made the ‘no prosecution’ decision.”
On a separate but related argument, the Bar said the AG has no power to instruct and/or advise the Malaysian Anti-Corruption Commission (MACC) to close investigations on the three cases.
“He has no powers to ask a statutory body to close investigations,” it said. “The AG exceeded his powers with MACC on the three cases.”
Lawyers Tommy Thomas, S Ambiga and S Ravindran are representing the Bar Council in the judicial review application.
Senior Federal Counsel Amarjit Singh contended that there was no “conflict of interest” as argued by the Bar.
“The Bar Council said the AG was appointed by the King, on the advice of the prime minister,” he noted. “Article 145(3) of the Federal Constitution has vested powers, exercisable at his (AG’s) discretion, to institute a criminal charge or otherwise.”
Amarjit also argued the Bar Council has no legal standing to bring the challenge although it cited “public interest”.
“Article 145(3) conferred powers on him (AG) to exercise his role as the guardian of public interest.”
Justice Hanipah Farikullah deferred the court’s decision to a date to be fixed.
Stay current - Follow FMT on WhatsApp, Google news and Telegram
Former de facto Law Minister Zaid Ibrahim, former Umno Batu Kawan Vice-Chief Khairuddin Abu Hassan and the Bar Council have also filed judicial reviews, separately, to quash Apandi Ali’s “no prosecution” decision in the three cases.