Sri Ram to appear for Zaid in case against Apandi next week

Former Federal Court judge, Gopal Sri Ram, is expected to appear for former minister in the Prime Minister's Department Zaid Ibrahim next week at the High Court in Kuala Lumpur.

This is over the case where Zaid, the former Kota Baru MP, has filed a judicial review application challenging attorney-general Mohamed Apandi Ali's decision not to charge Prime Minister Najib Abdul Razak.

Zaid had said the decision not to charge Najib by the attorney-general was unreasonable and constituted an improper exercise of discretion.

Zaid and his lawyer Americk Sidhu confirmed with Malaysiakini that Sri Ram would be the lead counsel.

Wednesday has been fixed to hear the Attorney-General's Chambers' application to combine the three cases against Apandi.

It was previously reported that the AG's Chambers had sought to have the hearing of Zaid, former Umno Batu Kawan vice-chief Khairuddin Abu Hassan and the Malaysian Bar's application to challenge Apandi's decision be heard together, while not all three parties are agreeable to this.

Zaid, in his application filed on Feb 2, had pointed out that the AG is under a constitutional duty to exercise the discretion conferred on him by the provisions of Article 145 (3) of the Federal Constitution with due consideration, reasonably in public interest and with a sense of justice.

Zaid said based on reports and statements published by the Malaysian Anti-Corruption Commission (MACC) and other agencies investigating the financial affairs of 1MDB and SRC International, there is strong evidence of wrongdoing on the part of Najib, which indicates possible offences under the Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001 and the Financial Services Act 2013, which may also extend to criminal breach of trust and other offences under the Penal Code.

The Malaysian Bar, through its president Steven Thiru, also filed a judicial review application in March on the grounds that the attorney-general's discretionary powers are not absolute or unfettered.

This is over Apandi's decision to clear Najib who allegedly received deposits of RM42 million from state-owned SRC International and RM2.6 billion from an offshore account into his personal bank accounts.

The Bar is also seeking for Apandi to be disqualified from making further decisions relating to the case, requesting it to be delegated to the solicitor-general, as the attorney-general had reportedly advised Najib on the case.

Khairuddin's application is slightly different as it sought to challenge Apandi's appointment as the AG, and also wants a royal commission of inquiry on the three investigations related to 1MDB.

The Bar is represented by senior lawyer Tommy Thomas while Mohd Haniff Khatri Abdulla appears for Khairuddin. -Mkini