Malaysian Bar files judicial review against A-G
PETALING JAYA: The Malaysian Bar has filed a suit against the Attorney-General over his decision to close a corruption investigation into Prime Minister Datuk Seri Najib Tun Razak.
Bar Council president Steven Thiru said ensuring the power of the court to decide on the innocence or guilt of a suspect should not be usurped by the Attorney-General (A-G), and was a matter critical to public interest.
The Bar sought to review the Jan 26 decisions that no criminal offence had been committed by Najib in respect of the three investigation papers submitted by the Malaysian Anti-Corruption Commission (MACC).
The A-G had also instructed the MACC to close the three investigation papers.
Thiru said the discretionary prosecutorial powers conferred on the A-G by Article 145(3) of the Federal Constitution were not absolute or unfettered, and could be challenged via judicial review.
"The scope and ambit of the discretionary prosecutorial powers, and whether these powers were exercised in accordance to law on the facts of any given case, should be determined by the Courts," he said in a press release.
When contacted, Thiru confirmed that the suit was filed to the Kuala Lumpur High Court on Monday, naming the A-G and MACC as respondents.
He said the independence of the MACC, in discharging its statutory duties as an investigative and enforcement agency, must be protected and that there should not be any impediment to these duties.
The review sought four court orders, including setting aside the A-G's decisions to exonerate the Prime Minister and instructing the MACC to close its three investigation papers.
It also sought to disqualify the A-G from making any further decision on matters covered by the MACC's three investigation papers.
Should the A-G be disqualified, the Bar would apply for the Solicitor-General to exercise the functions of the A-G in relation to the request by the MACC (as per the Mutual Assistance in Criminal Matters Act 2002) to complete its investigations into the RM2.6bil donation.
It also sought to enable the Solicitor-General to reconsider the recommendations made by the MACC in the three investigation papers.
