KUALA LUMPUR (March 15): The Malaysian Bar is seeking a judicial review of the attorney-general's decision to clear Datuk Seri Najib Razak of wrongdoing in relation to the transfers of the "RM2.6 billion donation" and funds from SRC International into his personal accounts.

The Bar said it filed an application at the High Court seeking to set aside Tan Sri Apandi Ali's Jan 26 decisions exonerating the prime minister and instructing the Malaysian Anti-Corruption Commission (MACC) to close its three investigation papers on the matter.

"The Malaysian Bar is of the view that the discretionary prosecutorial powers conferred on the attorney-general by Article 145(3) of the Federal Constitution are not absolute or unfettered, and the exercise of these powers can be challenged in a judicial review action.

"The scope and ambit of the discretionary prosecutorial powers, and whether these powers were exercised in accordance to law on the facts of any given case, should be determined by the courts," Bar president Steven Thiru said in a statement today.

Stressing that the matter is of critical public interest, Steven said there should be no usurpation of the judicial powers of the courts, as it is for the courts, and not the attorney-general, to decide on the innocence or guilt of a suspect in respect of any alleged crime.

He added that the independence of the MACC, in discharging its statutory duties under the MACC Act 2009 as an investigative and enforcement agency, must be protected, and any impediment to the performance of these duties must be prevented.

"This matter involves serious allegations of financial impropriety, including allegations of loss of public funds, and has dire implications on the administration of justice. It must therefore be resolved in a manner consistent with the principles of the rule of law," he said.

In its application, the Bar is also seeking to disqualify Apandi from making any further decision on matters covered by the MACC's three investigation papers, as he is reported to have advised Najib on matters relating to these investigation papers.

And upon the disqualification, the Bar wants a court order, enabling the solicitor-general to exercise the functions of the attorney-general in relation to the request by the MACC — under the Mutual Assistance in Criminal Matters Act 2002 — for the commission to complete its investigations in respect of the "RM2.6 billion donation.

The order, said the Bar, should also enable the solicitor-general to reconsider the MACC's recommendations in the three investigation papers, in deciding whether to exercise the discretionary prosecutorial powers under Article 145(3). It should also enable the MACC to continue with its probe into the matters covered by the investigation papers without any obstruction or interference, it added.