I refer to my article entitled ‘PDRM should release YB Rafizi immediately’ published yesterday.

When the Public Accounts Committee (PAC) was given the final report on 1MDB by the auditor-general in early March 2016, this was what was said by the PAC chairperson: “Auditor-general Ambrin Buang had explained that the final report of 1MDB will no longer be a classified document under the Official Secrets Act (OSA) once PAC tables its 1MDB report.”

What this simply means is that upon the occurrence of a future event, in this case the tabling of PAC report in Parliament, the auditor-general’s report on 1MDB will automatically and by necessary implication forthwith cease to be a classified document.

The auditor-general had for all intents and purposes given a conditional declassification at that time. Hence the usage of the words “will no longer be a classified document” by the auditor-general.

If or when the auditor-general’s condition precedent of the tabling of PAC’s report in Parliament is met, the declassification if the auditor-general’s report on 1MDB would be triggered.

There is no requirement for the auditor-general to repeat himself if or when the PAC table its report in Parliament.

Today, the PAC had tabled its report in Parliament.

However, strangely, the Dewan Rakyat speaker had reportedly refused to table the auditor-general’s report on 1MDB on the ground that it was still classified as a secret document under the Official Secrets Act.

It was also reported that the auditor-general had informed the Dewan Rakyat speaker that his report on 1MDB has not been declassified. The speaker was reported to have told the Dewan Rakyat: “I was told by the auditor-general (Ambrin Buang) himself that the report has yet to be declassified.”

With all due respect, the learned speaker is mistaken on two grounds.

Firstly, the PAC report on 1MDB was prepared with the benefit and based on the auditor-general’s report on 1MDB. The PAC’s report cannot be read in isolation. It must be read together with the auditor-general’s report for it to have any effect at all. There is no requirement for a separate tabling of the auditor-general’s report. It has already merged and become part of the PAC's report.

That is the only logical and possible explanation as to why the auditor-general had said that his report will no longer be a classified document when the PAC tables its report in Parliament.

Secondly, as stated earlier, there is no necessity for any clarification to be sought from the auditor-general on whether his report has been declassified. The auditor-general had already said in plain words that his report will no longer be classified as a secret document when the PAC tables its report in Parliament. How clearer can it get? And that tabling has already happened.

Perhaps the learned speaker was looking for some form of formal notification of declassification like a letter or something from the auditor-general. I am pretty sure the auditor-general was not going back on his words. In the end, it was probably a case of miscommunication between the Auditor - General and the Speaker. I am also definitely sure that both the auditor-general and the speaker know how Malaysians are eagerly waiting for this report.

Since the auditor-general essentially told PAC “here’s my report but don’t go public with it until you give your report to Parliament”, in my humble opinion, ultimately the only thing YB Rafizi Ramli is probably guilty of is ‘curiously opening his present on the eve of Christmas and not waiting for Christmas morning’, if you get my point.

PUTHAN PERUMAL is an advocate and solicitor of the High Court of Malaya.