PETALING JAYA: Lawyers today urged the government to quickly appoint an attorney-general (AG) to review and give further instruction to the law enforcement agencies investigating 1MDB.
They said only the AG, who is also the public prosecutor, could look into the investigation papers and apply the right laws and procedures to frame charges against the suspects.
They also warned that any inordinate delay in appointing the AG would jeopardise the case as well as public confidence in the administration of justice.
Lawyer Syed Iskandar Syed Jaafar Al Mahdzar said the Pakatan Harapan government should immediately terminate Mohamed Apandi Ali’s contract and appoint another suitable candidate.
“He is alleged to have concealed evidence in relation to 1MDB and abetted in crimes,” he said.
Apandi’s three-year contract was due to expire on July 27. However, the previous Barisan Nasional government extended his contract by another three years.
Apandi was told to go on leave after PH came into power. The solicitor-general meanwhile has assumed the role and function of the AG.
Yesterday, the Prime Minister’s Office said a special task force had been set up to probe the 1MDB scandal.
The task force will carry out detailed investigations, detection and seizure of assets, and prosecution against individuals who are found to have committed criminal offences in the management of 1MDB.
It comprises personnel from the Malaysian Anti-Corruption Commission (MACC), the AG’s Chambers, the police force, Bank Negara Malaysia, and several lawyers with expertise in the matters involved.
Its joint chiefs are former AG Abdul Gani Patail, former MACC chief commissioner Abu Kassim Mohamed, former deputy director of Bukit Aman Special Branch Abdul Hamid Bador and newly minted MACC chief Mohd Shukri Abdull.
This is in addition to a separate committee set up by the Council of Elders last week which is led by former AG Abu Talib Othman.
Talib told reporters yesterday that both teams were committed to carrying out a fair and thorough investigation of 1MDB.
But lawyer R Kengadharan said only investigators from the police, MACC and the central bank could be involved in the probe.
“It is only the AG-cum-public prosecutor who can review investigation papers and give instructions for collecting further evidence and the like,” he said.
He said conducting investigations in the absence of an AG could be fatal as the evidence collected could be subject to challenge.
“It is important for the new government to appoint an experienced, competent and conversant AG to supervise investigators and ensure that evidence collected can secure a conviction against those charged,” he said.
Kengadharan said the AG, who is also the chief legal adviser to the government, must ensure that civil cases are filed both locally and overseas to recover 1MDB-related funds.
Lawyer M Visvanathan meanwhile said it was unfortunate that the nation did not have a functioning AG although there was already a government following the appointment of Prime Minister Dr Mahathir Mohamad and his Cabinet members.
“There will be lack of public confidence in the administration of justice as the AG who is also public prosecutor is the guardian of public interest,” he said.
Visvanathan said under the Federal Constitution and other laws, all investigation papers and evidence must be vetted by the AG and his officers before suspects are charged.
“I see no reason for the existence of a task force and a committee,” he said, adding that 1MDB was a sensitive and high profile case, and that every effort should be taken to ensure there is no leakage of confidential information.
He said those charged with 1MDB-related offences could be acquitted on technical grounds due to the carelessness of prosecutors. – FMT
Tit-for-tat approach to investigations unjustified, says Malaysian Bar
PETALING JAYA— The Malaysian Bar has slammed unauthorised travel bans on police investigation targets and leaks of police investigations, calling them ‘breaches of law’.
Its president George Varughese expressed the Bar’s concern regarding reports of travel bans imposed on police investigation targets, and leaks of pictures, videos and details of ongoing probes.
Varughese stressed that all individuals were entitled to the protection of their constitutional rights, regardless of public sentiment against high-profile members of the previous government.
“The previous government may have had a less-than-sterling — even tarnished — record of respecting the rights of individuals.
“But this should in no way justify a “tit-for-tat” approach of denying these high-profile members the right to have their own constitutional rights upheld,” Varughese said in a statement today.
The statement did not mention any names in particular, but comes during a time when former Prime Minister Datuk Seri Najib Razak and his wife Datin Seri Rosmah Mansor have been barred from leaving the country.
Najib is being investigated for his role in the 1MDB scandal, and was called to the Malaysian Anti-Corruption Commission(MACC) headquarters to provide a statement today.
Leaked photos, videos and details of police raids and seized items from Najib’s home have also been circulating on social media in the past week.
Varughese said administrative orders that limited the freedom of movement of individuals was a breach of proper due process, when issued by law enforcement agencies.
He argued that the agencies needed to get consent from the courts, as only courts could make such orders — and even then only on the basis of prima facie evidence that justified the restrictions.
Similarly, Varughese blasted the unauthorised leaking of information, videos and photos of items seized during ongoing investigations, calling them ‘unacceptable’.
He said a ‘trial by media’ should not be allowed to take place, adding that indiscipline within law enforcement agencies should not be condoned.
“Such leakages jeopardise investigations, and may undermine attempts to bring alleged perpetrators to justice. This would not be in the public interest,” he said.
“The rakyat will no longer tolerate biased, prejudiced and unprofessional law enforcement agencies. It expects the agencies’ members to demonstrate the highest possible standards.
“Neither should there be special treatment for any person including VVIPs or VIPs past or present. The rakyat deserves no less,” he added. – Malay Mail
FMT / MALAY MAIL
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