Malaysian Bar AGM to explore call for AG Apandi’s resignation
BY BOO SU-LYN Tuesday March 15, 201606:55 AM GMT+8
The
Malaysian Bar is set to debate a motion, calling on Tan Sri Mohamed
Apandi Ali to quit as Attorney-General, to restore public confidence and
perception of the rule of law. ― Picture by Saw Siow Feng KUALA
LUMPUR, March 15 ― The Malaysian Bar is set to debate at its annual
general meeting (AGM) a motion that calls on Tan Sri Mohamed Apandi Ali
to quit as Attorney-General amid high-profile controversies.
The motion proposed by Charles Hector, Francis Pereira and Shanmugam
Ramasamy also calls for the Solicitor-General to assume the role of
public prosecutor in the cases that may involve the prime minister,
state investment firm 1Malaysia Development Bhd (1MDB), former 1MDB unit
SRC International, and the transfer of RM2.6 billion into the prime
minister’s personal accounts, citing the AG’s “disability” to continue
to act as public prosecutor in such cases.
“Therefore, it is hereby resolved that: A. That the Malaysian Bar calls
on Mohamed Apandi Ali to immediately resign as Attorney-General, for
the good of Malaysia, to restore public confidence and perception of the
rule of law, in particular the administration of criminal justice in
Malaysia,” read the motion sighted by Malay Mail Online.
The motion noted that Section 376(2) of the Criminal Procedure Code
states that the Solicitor-General shall act as public prosecutor in case
of the AG’s inability to act.
It added that such an inability appeared to be present following
Apandi’s decisions in cases related to the prime minister and
state-owned investment firms, which merited the call for
Solicitor-General to intercede.
The motion noted that the AG has many roles and responsibilities,
including providing legal advice to the Cabinet or ministers and
deciding on prosecutions for possible offences, some of which may be
conflicting obligations.
“It is absurd when the Attorney General [is] considering instituting
criminal proceedings, and at the same time, is also seen to be
personally providing legal advice to the suspect/s or the potential
accused,” said the motion.
Apandi, who replaced Tan Sri Abdul Gani Patail as AG last July after
the latter’s services were terminated purportedly due to health reasons,
said he found no wrongdoing in the cases of former 1MDB unit SRC
International and the RM2.6 billion deposited into Prime Minister Datuk
Seri Najib Razak’s accounts prior to Election 2013.
Apandi also ordered the Malaysian Anti-Corruption Commission (MACC) to
close both cases, an order that the agency is seeking for him to review.
“The pronouncement of the Attorney General about the guilt/innocence of
parties being investigated, may be contrary to the United Nations
Guidelines on the Role of Prosecutors, in particular Article 10, which
states that, ‘The office of prosecutors shall be strictly separated from
judicial functions’. The determination of guilt or innocence is a
function of the Judiciary, not the Attorney General,” said the motion.
“The power to commence investigations and discontinue investigations
rest(s) with the relevant investigative authorities, and not with the
Attorney General/Public Prosecutor. The duty of the Public Prosecutor is
merely to determine the sufficiency or insufficiency of evidence for
the purpose of prosecution, and if it is determined that the evidence is
insufficient, then Investigation papers are returned to the
investigating authorities to do further investigation,” the motion
added.
The motion expressed concern about the perception that Apandi may have
acted to derail investigations against Najib or government entities,
noting that the MACC has yet to be given the relevant authorisation to
complete investigations after asking for the AG’s permission since last
December to get mutual legal assistance in order to obtain evidence from
other countries.
“As such, even if Mohamed Apandi Ali may personally not be guilty of
any wrongdoing or dereliction of duties, for good of Malaysia and for
the improvement of public perception of the administration of justice,
we may have to take drastic actions including the appointment of a new
Attorney General,” said the motion.
The motion also urged Apandi to resign as a member of Lembaga Tabung
Haji’s board of directors, saying that an AG should not be a director of
any legal entity as it would compromise their independence.
The Malaysian Bar’s 70th AGM is scheduled for this Saturday.
- Malay Mail, 15/3/2016
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