The Federal Court's decision today to refuse leave for three parties' application to challenge the Attorney-General (AG) for not taking action against Prime Minister Najib Abdul Razak is not in line with the norm in Commonwealth countries. 

In saying so, former Malaysian Bar president Steven Thiru said there are several Commonwealth countries, such as Singapore and the United Kingdom, that say the discretion of the Public Prosecutor (AG) is reviewable by the courts.

Thiru was the Bar president when the judicial review application was filed against AG Mohamad Apandi Ali.

He said Singapore's constitution was similar to Article 145 (3) of Malaysia's Federal Constitution, where the republic's Court of Appeal decided in a case that the discretion of the prosecutor is reviewable if it is found to be excessive.

According to him, the Bar is trying to persuade the Federal Court against the rejection by highlighting the recent developments of what is going on in Commonwealth countries. 

In this case, he added that the Bar felt there is a serious allegation that the AG had exceeded his powers in coming up with his decision during the January press conference last year.

“While the UK does not have a written constitution, the courts there ruled all decisions, which are in excess of powers that is exercised by all instruments of the government, are reviewable,” Thiru told reporters outside the Federal Court today. 

Current Malaysian Bar president George Varghese also expressed his disappointment with the decision today and said he would issue a press statement on the matter soon. 

Earlier this morning, Chief Justice Md Raus Sharif rejected an application by former law minister Zaid Ibrahim, Khairuddin Abu Hassan and the Malaysian Bar from hearing an appeal to challenge Apandi's decision. 

Raus, in dismissing the bid, said it has been a practice that he always decides on cases based on the law. 

Lawyer Haniff Khatri Abdulla, who acted for Khairuddin, said he respected the court's decision but said he hopes Apandi will review his earlier decision to not grant further investigations into 1MDB.