In Zaid, Khairuddin, Bar vs Apandi, AG's Chambers wants cases heard together
The Attorney-General's Chambers wants the judicial review applications filed by former de facto law minister Zaid Ibrahim, former Umno Batu Kawan vice-chief Khairuddin Abu Hassan and Malaysian Bar against Mohamed Apandi Ali's decision not to prosecute the Prime Minister Najib Abdul Razak to be heard together.
However, not all the three parties who filed separate applications wanted the matter to be heard together.
Hence, Kuala Lumpur High Court judge Hanipah Farikullah has fixed May 18 to hear submissions on the issue.
The Attorney-General's Chambers wants the judicial review applications filed by former de facto law minister Zaid Ibrahim, former Umno Batu Kawan vice-chief Khairuddin Abu Hassan and Malaysian Bar against Mohamed Apandi Ali's decision not to prosecute the Prime Minister Najib Abdul Razak to be heard together.
However, not all the three parties who filed separate applications wanted the matter to be heard together.
Hence, Kuala Lumpur High Court judge Hanipah Farikullah has fixed May 18 to hear submissions on the issue.
At the same time, Justice Hanipah directed the AG's Chambers to submit its papers (to have the case heard together with the others) to the Malaysian Bar as the latter has yet to get the papers.
The three cases came up for case management today in chambers,
Zaid is represented by lawyers Americk Sidhu and Amarjit Singh, Haniff Khatri Abdulla appeared for Khairuddin, while senior lawyer Tommy Thomas is representing the Malaysian Bar.
Senior federal counsel Shamsul Bolhassan told reporters that they are applying for the matter (leave application) to be heard jointly as they involve the same issues.
Outside the court, Haniff said his client Khairuddin has no objection for cases to be heard together on the same issues but pointed that their application is slightly different as they sought to challenge Apandi's appointment as the AG, and also want a royal commission of inquiry on the three investigations related to 1MDB.
Strong evidence of wrongdoing
Zaid, in his application filed on Feb 2, said the decision not to charge Najib by the attorney-general was unreasonable and constituted an improper exercise of discretion.
The attorney-general, he pointed out, is under a constitutional duty to exercise the discretion conferred on him by the provisions of Article 145 (3) of the Federal Constitution with due consideration, reasonably in public interest and with a sense of justice.
Zaid said based on reports and statements published by the Malaysian Anti-Corruption Commission (MACC) and other agencies investigating the financial affairs of 1MDB and SRC International, there is strong evidence of wrongdoing on the part of Najib, which indicate possible offences under the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 and the Financial Services Act 2013, which may also extend to criminal breach of trust and other offences under the Penal Code.
The Malaysian Bar through its president Steven Thiru, also filed a judicial review application last month on the grounds that the attorney-general's discretionary powers are not absolute or unfettered.
This is over Apandi's decision to clear Najib who received deposits of RM42 million from state-owned SRC International and RM2.6 billion from an offshore account in his personal bank accounts.
The Bar is also seeking for Apandi to be disqualified from making further decisions relating to the case, requesting it be delegated to the solicitor-general, as the attorney-general had reportedly advised Najib on the cases.
Najib had claimed the money was a political donation and denied using public funds for personal gain.
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In Zaid, Khairuddin, Bar vs Apandi, AG's Chambers wants cases heard together
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