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Muslim lawyers warn motion on AG at Bar EGM may be 'sub judice'
Published:  Mar 16, 2016 1:58 PM
Updated: 6:07 AM

The Malaysian Muslim Lawyers' Association (PPMM) has warned that a motion at the Malaysian Bar extraordinary general meeting to discuss on attorney-general's position may be sub judice.

This was after the Malaysian Bar yesterday revealed that it filed a judicial review against attorney-general Mohamed Apandi Ali's decision to clear Prime Minister Najib Abdul Razak over the multi-billion deposits in his personal bank accounts.

"PPMM was surprised over the motion to discuss a related issue at the Malaysian Bar EGM scheduled for Saturday, on March 19, 2016.

"PPMM is of the view that as this issue has been field in court, open discussion on the matter could be subjudice to the future court proceeding and should be avoided," said PPMM president Zainul Rijal.

Sub judice is a latin term meaning "under judgment", which means that a particular case or matter is under trial or being considered by a judge or court.

The motion was proposed by lawyers Charles Hector Fernandez, Francis Pereira and R Shanmugam concerning the "attorney general, public prosecutor and improvement of public perspective of administration of justice in Malaysia".

Zainul said PPMM acknowledged that the Malaysian Bar cannot prevent its members from filing motions they deem fit but urged caution to avoid sub judice during the EGM.

He added that PPMM welcomed any quarters to challenge the government for its actions or omissions including the Bar's challenge against the attorney-general's decision to clear Najib.

"This right is enshrined in the federal constitution and national law.

"Let the courts which have jurisdiction decide after the Malaysian Bar and attorney-general go through the legal process," he said.

Zainul expressed confidence that the courts will make the correct and just decision.

Malaysian Bar president Steven Thiru yesterday revealed that the Bar filed the application for judicial review on grounds that the attorney-general's discretionary powers is 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 Malaysian Bar is also seeking for Apandi to be disqualified from making further decisions relating to the case and request that they be delegated to the solicitor general as Apandi had reportedly advised Najib on the cases.

It also wants the solicitor-general to render all assistance required by the Malaysian Anti-Corruption Commission (MACC) investigating the case, including invoking the mutual legal assistance, which Apandi has refused to do.

The mutual legal assistance, which can only be done through the Attorney-General's Chambers, will allow the MACC to request information from overseas investigators to facilitate on the case.

Najib had claimed the money was a political donation and denied using public funds for personal gain.

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