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12 November 2016

IGP orders Police Cyber Crime Unit to Investigate Zaid Ibrahim's Tweet on appointment of a crooked AG under Sedition Act


Zaid needs to explain seditious post, says IGP
THE STAR






PETALING JAYA: Former Cabinet minister Datuk Zaid Ibrahim (pic) is to be questioned by the police over a tweet deemed “seditious and misleading”.

Inspector-General of Police Tan Sri Khalid Abu Bakar tweeted that Bukit Aman’s Cyber Crime Unit would summon Zaid to record his statement.

“PCIRC @PDRMsia panggil tweet handler ini utk penjelasan statementnya yang menghasut dan mengelirukan ini (Call up this tweet handler to explain his seditious and misleading statement),” he said.

Zaid’s tweet read: “Looks like if you are a crooked PM, all you have to do is appoint a crooked AG, and the court will not interfere”.



In an immediate response, Zaid said the move did not come as a surprise to him and that he would cooperate.

“The IGP has always taken a deep interest in my tweets.

“I will answer the police’s questions with full candour, as I have always done,” Zaid told Star Online.

In Kuala Lumpur, the High Court ruled that the Attorney-General (A-G), in exercising his power to make the decision not to prosecute the Prime Minister over claims regarding a RM2.6bil donation, could not be challenged in court.

Accordingly, it threw out three applications for leave to initiate judicial review proceedings over this matter.

The three applicants are Zaid, former Batu Kawan Umno division deputy head Datuk Seri Khairuddin Abu Hassan and the Malaysian Bar.

High Court (Appellate and Special Powers) judge Justice Hanipah Farikullah yesterday dismissed these applications on the grounds that the power of the A-G – exercisable under Article 145 of the Federal Constitution – was not subject for judicial review or could be questioned by the court.

When met after the decisions were delivered in chambers, Senior Federal Counsel Datuk Amarjeet Singh said the judge ruled that the court had no jurisdiction in such matters.

On the argument by the parties that the A-G had no power under Article 145 to close files, he said the court accepted the A-G’s explanation in his affidavit that it was an administrative decision, and that the Malaysian Anti-Corruption Commission (MACC) was free to investigate new evidence and facts received by it on the issue of the RM2.6bil donation and SRC International Sdn Bhd.

SFC Amarjeet said the court ruled that the applications were frivolous as the applicants had no knowledge of the information provided to the A-G in these three investigation papers.

He also said there was no order as to costs because the judge held that it was a public interest matter and that the role of the A-G Chambers was to assist the court in the applications.

Zaid had sought a declaration that the decision not to prosecute the Prime Minister was beyond the powers of the A-G under Article 145(3) of the Constitution.

In his court papers dated Feb 2, Zaid sought a direction to quash the decision and compel the A-G to institute criminal proceedings against the Prime Minister under the appropriate provisions of the Penal Code and the MACC Act 2009.

Zaid’s lawyer Amarjit Singh Sidhu confirmed the details, while Zaid himself said he would not appeal against the court ruling.

In the second application, Khairuddin sought to set aside the decision made by the A-G on Jan 26 that there was no criminal offence committed by the Prime Minister over three investigation papers by the MACC.

In his application for leave filed in February, Khairuddin sought a court order for a special investigation commission to be set up to study, consider and determine further action over the outcome of those investigation papers.

Third applicant Malaysian Bar sought to quash the decision that the A-G made known in a Jan 26 press release, which stated that no criminal offence was committed by Datuk Seri Najib Tun Razak in relation to three investigation papers submitted by the MACC to the A-G.

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