Malaysian Bar approves motion calling for AG's resignation

Members of the Malaysian Bar have voted to pass a motion seeking the resignation of attorney-general (AG) Tan Sri Mohamed Apandi Ali.

The motion 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", reports Malaysiakini.

The Bar was reportedly seeking for the AG’s resignation over his decision not to pursue charges against prime minister Datuk Seri Najib Tun Razak in relation to the huge deposits of money found in the latter's account.

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 motion read.

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

The decision was reached during their annual general meeting (AGM) at a hotel here today, attended by 1,110 members of the Bar.

Previously, the Malaysian Bar has filed a judicial review at the High Courts over the AG’s decision.

Its President Steven Thiru said in the application, the Malaysian Bar to set aside the Attorney-General's decisions in clearing Najib's name and instructing the Malaysian Anti-Corruption Commission (MACC) to close three of its investigation papers.

"The Malaysian Bar is of the view that the discretionary prosecutorial powers conferred on the Attorney General by Article 145(3) of the Federal Constitution are not absolute or unfettered, and the exercise of these powers can be challenged in a judicial review action.

"The scope and ambit of the discretionary prosecutorial powers, and whether these powers were exercised in accordance to law on the facts of any given case, should be determined by the courts," he said.