Federal Court rejects leave to appeal by M’sian Bar, 2 others
PUTRAJAYA: The Federal Court yesterday ruled that the Attorney- General’s (AG) exercise of discretion under the Federal Constitution could not be questioned in the court.
Chief Justice Tan Sri Md Raus Sharif, who chaired a three-man bench, made the ruling ejecting a leave to appeal bid by the Malaysian Bar and two others to challenge the AG’s decision over the closure of investigations relating to a RM2.6 billion donation which was deposited into Prime Minister Datuk Seri Najib Tun Razak’s account.
Citing Article 145 ( 3) of the constitution on the AG’s prosecutorial power, he said, it was not only good law, but also good policy.
“To us, all questions framed by the three applicants boils to one main issue on whether the exercise of Attorney- General’s power under Article 145 ( 3) was justiciable,” he said adding that the law on this issue was settled.
Also on the bench were Chief Judge of Malaya Tan Sri Ahmad Maarop and Federal Court judge Tan Sri Azahar Mohamed.
“To us, all questions framed by the three applicants boils to one main issue on whether the exercise of Attorney- General’s power under Article 145 ( 3) was justiciable,” he said adding that the law on this issue was settled.
Also on the bench were Chief
To us, all questions framed by the three applicants boils to one main issue on whether the exercise of AttorneyGeneral’s power under Article 145 (3) was justiciable. Tan Sri Md Raus Sharif, Chief Justice
Judge of Malaya Tan Sri Ahmad Maarop and Federal Court judge Tan Sri Azahar Mohamed.
The Malaysian Bar, former de facto Law minister Datuk Zaid Ibrahim and former Batu Kawan Umno vice head Datuk Seri Khairuddin Abu Hassan were seeking leave to appeal to the Federal Court against the decision of the appellate court and high court in refusing to grant them leave to commence a judicial review.
The trio sought among others to quash AG Mohamed Apandi Ali’s decision to absolve the prime minister of wrongdoing over the RM2.6 billion deposited into his account.
Earlier in yesterday’s proceeding, Raus also rejected the trio’s bid for his recusal to hear their matter yesterday.
“I don’t think I should recuse myself just because of this application. There is no merit for me to recuse myself,” he said in dismissing the recusal application.
Raus said the applicants could be rest assured that any decision made would be based on facts before the court and on the law.
Counsel for the Bar, Tommy Thomas, has sought for Raus’ recusal as he said his client would be instituting legal proceedings against Raus over the constitutionality of his continued appointment as chief justice after mandatory retirement.
Senior federal counsel Datuk Amarjeet Singh said the AttorneyGeneral in his press release stated that he received three investigation papers from MACC and he had looked into those papers, adding that his decision was based on the facts produced in the investigation papers by an agency entrusted by parliament.
Lawyer Datuk Seri Gopal Sri Ram represented Zaid and Mohamed Haniff Khatri Abdulla for Khairuddin.
Outside the court, former Malaysian bar president Steven Thiru said following the court’s refusal to grant leave to appeal, the Federal Court missed the opportunity to review the old case law concerning Article 145 (3) and bring in the recent development on case laws by commonwealth countries. — Bernama