Malaysian Bar challenges A-G's exoneration of Najib in court (Updated)

15 Mar 2016 / 23:51 H.

PETALING JAYA: The Malaysian Bar is challenging the Attorney-General's (AG) decision to exonerate Prime Minister Datuk Seri Najib Abdul Razak of any wrongdoing in regards to the RM2.6billion donation.
Malaysian Bar president Steven Thiru (pix) said a judicial review has been filed at the High Court and it is up to the courts to decide if Najib is guilty or innocent, not A-G Tan Sri Mohamed Apandi Ali.
"There should be no usurpation of the judicial powers of the courts, as it is for the courts — and not the AG — to decide on the innocence or guilt of a suspect in any alleged crime," Steven said in a statement today.
He also said the Malaysian Anti-Corruption Commission's (MACC) independence must be protected as it has been reported that Apandi instructed the graft buster to close its three investigations into the donation.
Steven said this concerns serious allegations of financial impropriety and loss of public funds, and must be resolved according to the rule of law or it will have dire implications on the administration of justice.
In the judicial review application, the Malaysian Bar seeks:
1. To set aside Apandi's exoneration of Najib on Jan 26 and his directive for MACC to close investigations.
2. To disqualify Apandi from making any further decision regarding the MACC's investigation into the RM2.6 billion donation as he is reported to have advised Najib on the probe.
3. Upon disqualification, for orders that would:
(a) enable the Solicitor General to exercise the functions of the AG in relation to the request by MACC - under Mutual Assistance in Criminal Matters Act 2002 - for the MACC to complete its investigations regarding the donation.
(b) enable the Solicitor General to reconsider the recommendations made by the MACC in the three investigation papers, in deciding whether to exercise the discretionary prosecutorial powers under Article 145 (3).
4. To enable the MACC to continue its investigations into the donation without any obstruction or interference.

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