Friday 29 Mar 2024
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KUALA LUMPUR (July 25): DAP veteran Lim Kit Siang has said ruling by Justice Datuk Azimah Omar in the defamation case filed by former attorney general Tan Sri Mohamed Apandi Ali against him demonstrated the need for a constitutional amendment to make the attorney general accountable and responsible for his decisions.

He said the amendment is necessary if one-quarter of members of parliament (MPs) demand a substantive motion to review his decision in parliament.

In a statement on Monday (July 25), the MP for Iskandar Puteri said for this to become a reality, both the Constitution and the Dewan Rakyat Standing Orders have to be amended.

"The meaning of the 'non-justiciable' and 'non-reviewable' authority of the attorney general under Article 145 of the Constitution or to use her exact words, 'his perplexing refusal to prosecute Najib Razak and his refusal to seek mutual legal assistance from international agencies to investigate the 1MDB (1Malaysia Development Bhd) scandal under Section 8(2) of the Mutual Assistance in Criminal Matters Act 2002', was considered in [Justice Azimah's] judgement," he said.

It was reported that Justice Azimah, who dismissed the suit, described in her 100-page judgement released on Thursday (July 21) that it was the most telling and revealing evidence that Apandi overtly showed disinterest and indifference to elementary rule of law and even common sense.

Lim also highlighted Justice Azimah's judgement, in particular over three matters:
(I) Apandi's "perplexingly magnanimous decision to absolve and exonerate Najib Razak and to prefer the fantastical narrative of an unproven donation";
(II) Apandi's "audacity to close investigations (NFA/KUS) although not having properly confirming any actual particulars and evidence of the fantastical donation by the unnamed Saudi royalty, and while being aware that RM42 million was transferred into Najib Razak's personal account from SRC's account"; and
(III) Apandi's "baffling refusal either to accept or offer mutual legal assistance from the Swiss attorney general and the United States Department of Justice to investigate the 1MDB scandal (to trace monies siphoned off of the Malaysian jurisdiction)".

Lim also pointed to Justice Azimah's ruling in which she said: "Even if the attorney general's prerogatives are non-justiciable and non-reviewable in court, it does not at all mean that those prerogatives cannot be scrutinised in the public sphere. Of course, no attorney general ought to be judicially enforced to act in any manner, but nevertheless, the manner in which he so exercises the same prerogatives and discretion shall remain open to be questioned and be criticised. If not, then the attorney general's power would be absolute, and elementary jurisprudence already tells that absolute power can corrupt absolutely."

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