KUALA LUMPUR, Nov 11 — The High Court today dismissed three leave applications for a judicial review to challenge the Attorney-General’s decision to close investigations on the transfer of a RM2.6 billion donation and funds from SRC International Sdn Bhd to Prime Minister Datuk Seri Najib Razak’s account and not to prosecute him over the issue.
Judge Datuk Hanipah Farikullah rejected the leave applications to challenge Tan Sri Mohamed Apandi Ali’s decision filed by former Minister in the Prime Minister’s Department Datuk Zaid Ibrahim, former Batu Kawan Umno vice head Datuk Seri Khairuddin Abu Hassan and the Malaysian Bar.
Senior Federal Counsel Datuk Amarjeet Singh told reporters that the judge, who made the decision in chambers, ruled that the AG had absolute discretion under Article 145 of Federal Constitution on prosecution and that the court had no jurisdiction to hear the matter.
“The court has no jurisdiction on such matters and the court accepted the AG’s explanation in his affidavit that the decision to close the file was an administrative decision.
“Therefore, the MACC (Malaysian Anti-Corruption Commission) is free to open and investigate on new evidence and facts received by them on the issue of the donation and SRC,” he said.
Amarjeet said the court also found that the applications were frivolous as the applicants had no knowledge of the information provided to the AG in the three investigation papers.
Amarjeet said the court dismissed all the applications with no costs because the matter involved public interest.
Lawyer Amarjit Singh Sidhu, who represented Zaid, said the court denied his client's application after finding that the AG's powers on whether to prosecute or not was unjusticiable.
Zaid, who also present in court, told the media afterwards that he would not be appealing against today's ruling while Malaysian Bar president Steven Thiru said they were disappointed with decision.
Khairuddin was represented by lawyer Mohamed Haniff Khatri Abdulla while Tommy Thomas acted for the Malaysian Bar.
On February 2, Zaid filed the leave application seeking for an an order to quash the AG's decision and compel him to institute criminal proceedings against the prime minister under the appropriate provisions of the Penal Code and/or the MACC Act 2009.
The AG had on January 26, found that no criminal offence was committed by Najib in relation to SRC International Sdn Bhd and the alleged RM2.6 billion donation.
On February 3, Khairuddin filed the same application to challenge Mohamed Apandi's decision that he was satisfied that no criminal offence was committed by Najib pertaining to the RM2.6 billion donation, transfer of funds by SRC International into his personal banking account and provision of a loan by pension fund KWAP to SRC International.
Khairuddin in his application, had applied for a court order to quash the decision by Mohamed Apandi on January 26, which exonerated Najib of any wrongdoings relating the MACC investigations into the three matters.
In March, the Bar also filed the application seeking to quash the decision communicated by the AG through a press release issued on January 26 that no criminal offence has been committed by Najib in relation to three investigation papers submitted by the MACC to the AG. — Bernama
