Members of the Malaysian Bar have voted to pass a motion during their annual general meeting (AGM) today seeking the resignation of attorney-general (AG) Mohamed Apandi Ali.

This was confirmed by lawyers in attendance at the AGM, though they declined to reveal more details pending the official statement from Malaysian Bar president Steven Thiru.

The Bar is seeking the AG’s resignation following his decision not to pursue charges against Prime Minister Najib Abdul Razak in relation to the huge deposits of money found in Najib’s personal bank accounts.

"It is a call of resignation, like any other call of resignation but this is a call made by the Malaysian Bar," Thiru said in a press conference after the conclusion of the 70th Malaysian Bar AGM at a hotel in Kuala Lumpur today.

He added that this should carry some weight as the Malaysian Bar is the sole body representing practicing lawyers in Peninsular Malaysia.

The motion, proposed by three members of the Bar, called for Apandi to resign as attorney-general "for the good of Malaysia and to restore public confidence and perception of the rule of law, in particular the administration of criminal justice in Malaysia".

It also called for Apandi to resign as one of the directors of Lembaga Urusan Tabung Haji and any positions held in any companies, statutory bodies, and legal entities unless specifically required by law.

"An attorney-general, also the public prosecutor, should not be director of any legal entity, as this would compromise his independence.

"The fact that he still is a director of Lembaga Urusan Tabung Haji, and maybe other companies and legal entities, raises the question of his independence, and his ability to carry out the duties of the attorney-general impartially without fear and favour," the motion read.

Separate from judicial review

The motion also called for the solicitor-general to take over the responsibilities of public prosecutor in the cases related to Najib - 1MDB, SRC International, and the RM2.6 billion found in Najib's personal bank accounts.

The Malaysian Bar will also promote the establishment of an independent commission to select and recommend candidates for the AG to the Yang di-Pertuan Agong.

This is because, currently, the Agong appoints the AG on the advice of the prime minister, the motion pointed out.

"In practice, this means that the prime minister decides on the appointment and removal of the AG," it said.

Thiru stressed that the motion seeking Apandi's resignation is very separate from the Bar's judicial review against Apandi.

"It is separate in this sense: the action brought in court is against the office of the AG and the decision made by the AG (to not pursue charges against Najib). That will carry on," he explained.

Meanwhile, the motion is merely a call of resignation due to all the "underlying matters" related to the cases of the RM2.6 billion and RM42 million found in Najib's accounts, he said.

Though Thiru confirmed that the motion was passed by a majority, he declined to reveal the vote count as he pointed out that the meeting was a private meeting.

The AGM today was attended by 1,110 members of the Bar, and all five motions that were brought up were passed.

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