Tan Sri Mohamed Apandi Ali says whoever who disagrees with his decision on probes into the prime minister can take it up to court. – The Malaysian Insider file pic, January 27, 2016.Attorney-General (A-G) Tan Sri Mohamed Apandi Ali shrugged off a move by the Malaysian Anti-Corruption Commission (MACC) to refer its investigation papers to a panel to seek a review of the decision to close the case against Prime Minister Datuk Seri Najib Razak.
In a text message from overseas, Apandi said any bodies formed to question any decision of the A-G would be against Article 145 (3) of the Federal Constitution.
Article 145 gives the A-G, who is also the public prosecutor, the sole discretion to institute, continue or discontinue any criminal proceedings against any accused person.
“That is my stand. Anyone who does not agree with this is free to seek an interpretation of my decision in the Federal Court,” he said.
Earlier today, the anti-graft authority said it wanted a review of Apandi's decision to close investigations into the RM2.6 billion found in Najib's personal bank accounts.
The anti-graft agency said its highest management had met and decided that it would present the case investigation papers to its operations review panel while another special panel would be set up.
The review panel is an independent body set up by the government to monitor MACC's operations according to the MACC Act 2009.
It also gives its views concerning cases that are not taken to court for prosecution by the public prosecutor.
Panel members are Tan Sri Dr Hamid Bugo (chairman), former Institute of Strategic and International Studies Malaysia chairman Tan Sri Mohamed Jawhar Hassan, former Bank Negara deputy governor Datuk Zamani Abdul Ghani, former deputy auditor-general Datuk Azizah Arshad, former Public Complaints Bureau director-general Datuk Wan Abdul Wahab Abdullah, Mara Accounting Research Institute director Professor Dr Normah Omar, criminologist Dr P. Sundramoorthy and former Bar Council president Lim Chee Wee.
Reacting to this, Datuk Seri Azalina Othman Said issued a statement, saying no one could challenge the A-G's decision in Najib's RM2.6 billion donation and SRC International Sdn Bhd cases.
The minister in the Prime Minister's Department said the law gave the A-G the ultimate discretion on whether a case should be pursued in court, so Malaysians should stop debating the case further.
"The discretionary powers given to the attorney-general under Article 145(3) is final, it cannot be challenged or replaced by any other powers including the court.
"In other words, if any quarters do not agree with the attorney-general's action in managing any charge, they have no basis to challenge it in any quorum," said Azalina in a statement.
She said all parties must respect the A-G's decision, adding that he had examined the MACC reports from "all angles".
"Hence no one should question the decision," she said. – January 27, 2016.
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