'Zaid's chances in court as slim as winning a jackpot'
The chances of the court compelling attorney-general Mohamed Apandi Ali to prosecute Prime Minister Najib Abdul Razak are as slim as winning the first prize in a lottery ticket, says a senior lawyer.
“It is like buying a lottery ticket and hoping to strike the top prize next month. The chances are very slim,” said Yeoh Yang Poh, a former Malaysian Bar president.
The chances of the court compelling attorney-general Mohamed Apandi Ali to prosecute Prime Minister Najib Abdul Razak are as slim as winning the first prize in a lottery ticket, says a senior lawyer.
“It is like buying a lottery ticket and hoping to strike the top prize (the jackpot) next month. The chances are very slim,” said Yeoh Yang Poh, a former Malaysian Bar president.
He was commenting on the chances that the court may rule in favour of former law minister Zaid Ibrahim, who filed an application to seek a judicial review of the attorney-general Mohamed Apandi Ali's decision not to prosecute Najib over the 1MDB and SRC International cases.
"His (Zaid's) chances of success? They are as slim as winning the lottery ticket top prize,” said Yeoh when contacted.
However, he said Zaid ( photo ) has grounds to take Apandi to court as the law allows it.
"In my view, (the AG) has no absolute discretion. Such discretionary power needs to be exercised within the confines of the law and done rationally," said Yeoh.
He, however, said how the judges interpret the relevant laws and statutes would determine if the application (for judicial review) would be accepted by the court.
"Some judges are progressive while some others are conservative. (They can be) conservative in many cases," he said.
"If a judge is progressive, then the chances of the case being accepted (by the court) are higher. If a judge is conservative, the chances are smaller," said Yeoh.
"For instance, a developed country may allow its citizens to challenge a matter related to the Treasury on the grounds that the citizen is a taxpayer."
But the chances of Zaid succeeding in his bid are small, given how the court works here, he added.
Yeoh said Zaid might be challenged on the question of whether he has the locus standi (legal standing before a court) to file a judicial review against the AG.
Furthermore, the other party might argue that the AG has absolute discretionary power as stipulated under the federal constitution, he added.
Thus, Zaid might not even be granted a leave (permission) by the court to hear his application, said Yeoh.

