Malaysian Bar files judicial review over AG Apandi Ali's decision

The Malaysian Bar has filed a judicial review at the High Courts over the Attorney-General Tan Sri Mohamed Apandi Ali's decision for not pressing charges against Prime Minister Datuk Seri Najib Tun Razak.

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.

According to Thiru, it is not for the Attorney-General to decide on the innocence or guilt of a suspect in respect of any alleged crime, and there should be no usurpation of the judicial powers of the courts.

"The independence of the MACC, in discharging its statutory duties under the MACC Act 2009 as an investigative and enforcement agency, must be protected, and any impediment to the performance of these duties must be prevented," he said.

Furthermore, the application also requested the MACC to continue with its investigations into the matters covered by the three investigation papers, without any obstruction or interference.