
Muhammad Rafique Rashid Ali said such a move would put the country’s legal system in good light.
“The country’s top criminal lawyers and a team of experienced deputy public prosecutors (DPPs) should make up the prosecution team,” he told FMT.
Rafique was responding to Thomas’ announcement last week that he had appointed a team to study the investigation papers with the view of instituting possible criminal and civil action.
Thomas said the teams, which comprised DPPs and senior federal counsel (SFCs), would report directly to him.
However, Rafique, who is also a Bar Council member, urged Thomas to exercise caution in appointing the teams.
“Leaving the prosecution solely to the DPPs would, in my opinion, backfire since most of the prosecution team were under the thumb of the much maligned former AG Mohamed Apandi Ali,” he said.
Last week, Thomas received the investigation papers relating to 1MDB from the Malaysian Anti-Corruption Commission (MACC).
The former lawyer said it would take time to review the papers but added that he was aware of the urgency and sensitivity of the task at hand.
Lawyer Salim Bashir said the Bar could not recommend lawyers to assist the government in going through the investigation papers to assess the evidence collected by investigators and to help prosecute those charged.
“However, Thomas could issue a fiat (special licence) to lawyers to conduct trial or work with his officers in court proceedings,” he said.
Salim, who is co-chairman of the Bar Council criminal law committee, said the 1MDB case involved a combination of commercial and criminal laws, and that lawyers with experience in these fields would be an asset to the prosecution.
“The 1MDB case is a non-violent crime, but a number of legislations will come into play in framing possible charges against accused persons, like money laundering and misappropriation of property,” he added.
Ex-senior DPP: Less experience in criminal law not a problem for AG