“It will open the floodgates to other problems.”
Rahman, Barisan Nasional (BN) Strategic Communications Director and Urban Wellbeing, Housing and Local Government Minister, was urging the Malaysian Bar to state clearly where the AG had erred. “Now let’s go specific on the Prime Minister’s case which the Malaysian Bar was focusing on.
“The Bar should know some facts.”
His series of tweets on Wednesday via @mpkotabelud touched on several “facts” which he claimed showed the AG was consistent when clearing the Prime Minister.
Firstly, he said, the Malaysian Anti-Corruption Commission (MACC) itself concluded the donation came from Saudi Arabia.
Secondly, Bank Negara approvals also meant the money was legitimate. “MACC then has very little reason to press for corruption. Bank Negara’s approvals also meant the money was legitimate.”
“The 1MDB and donations transactions were approved by Bank Negara. There was no way for the transactions to proceed without Bank Negara’s approvals.”
Thirdly, political donation is legal and Umno gives its President vast discretionary powers to raise and keep the money.
If judicial review of the AG’s decision is allowed, said Rahman, “then it is conceivable that those being accused by the AG will also ask for it”.
The Malaysian Bar has commenced legal action in the High Court to seek judicial review on certain decisions pertaining to Najib by the AG on 26 January 2016, under Article 145(3) of the Federal Constitution, said the Malaysian Bar in a statement, in reference to the AG’s decision on the RM 2.6 billion “donation” and SRC International funds deposited into Najib’s personal accounts.
The Malaysian Bar is of the view that the discretionary prosecutorial powers conferred on the AG 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,” said Malaysian Bar President Steven Thiru. “This matter is of critical public interest.”
“There should be no usurpation of the judicial powers of the courts, as it is for the courts — and not the AG — to decide on the innocence or guilt of a suspect in respect of any alleged crime.”
