In ruling that way, Justice Hanipah Farikullah, however, stressed that the AG was expected to act honestly and without fear or favour.
“The avenue of the person being unhappy with his (AG) decision is elsewhere, not in the courts,” she said.
Hanipah said this in her 42-page judgment outlining why she dismissed former Batu Kawan Umno deputy chief Khairuddin Abu Hassan’s leave application for judicial review.
On Nov 11, Hanipah also dismissed the leave applications to initiate judicial review by the Malaysian Bar and former Cabinet minister Zaid Ibrahim on the RM2.6 billion “donation” case.
The trio had wanted to challenge AG Mohamed Apandi Ali’s decision to close the case following allegations that the money was deposited in Najib Razak’s bank accounts.
The AG had on Jan 26 last year directed the Malaysian Anti-Corruption Commission (MACC) to close investigations into the case.
Khairuddin in his application also alleged abuse of power in the transfer of funds from Kumpulan Wang Persaraan to SRC International.
Hanipah in her judgment also said she was bound by a long line of Federal Court rulings why the decision of the AG not to institute criminal proceedings under Article 145(3) of the constitution could not be reviewed by the court.
That provision states that the AG has the discretion to institute, conduct and discontinue any criminal proceedings.
Hanipah said there was also no conflict of interest when Apandi decided not to frame charges against the prime minister on 1MDB and its related issue.
She said the AG had wide discretion under Article 145 (3) and the courts could not compel him to frame charges when he did not wish to do so.
Khairuddin’s lawyer Mohamed Haniff Khatri Abdulla had argued before Hanipah that there was an element of conflict of interest as the King appointed Apandi as AG on the advice of Najib.
All the three applicants have filed appeals in the Court of Appeal against the judge’s’ decision.