The Malaysian Bar’s 70th annual general meeting tomorrow is expected to see debates more heated than usual, following the filing of several motions, including one calling for attorney-general (AG) Mohamed Apandi Ali to resign in order to restore public confidence in the administration of criminal justice.
The motion for Apandi’s resignation was filed by lawyers Charles Hector, Francis Pereira, and R Shanmugam.
Filed on March 8, it called for the AG to step down and for the solicitor-general to lead the investigations on 1MDB and on prime minister Najib Abdul Razak.
“The Malaysian Bar calls on Apandi to immediately resign as AG, for the good of Malaysia, to restore public confidence and perception of the rule of law, in particular the administration of criminal justice in Malaysia.
“Furthermore, it calls on solicitor-general (Azailiza Mohd Ahad) to assume the role and responsibilities of public prosecutor in cases involving Najib, 1MDB, SRC International, and the RM2.6 billion,” they said in the motion sighted by Malaysiakini.
The reason for this, the motion stipulated, is that Apandi as prosecutor should not be advising Najib from replying or answering in Parliament over the RM2.6 billion fund.
Furthermore, it questioned the manner in which former attorney-general Abdul Gani Patail was removed, while he was helming the task force that was in the process of investigating the scandals.
The three lawyers said Apandi's pronouncement about the guilt or innocence of Najib - who is under investigation - is contrary to the United Nations’ Guidelines on the Role of Prosecutors.
“This is so, in particular Article 10, which states that, ‘The office of prosecutors shall be strictly separated from judicial functions’. The determination of guilt or innocence is a function of the judiciary, not the AG,” they said.
In addition, the motion also called for Apandi to resign from his post as director of Tabung Haji (the pilgrimage fund) or any posts he held in companies, statutory bodies, or legal entities.
The Malaysian Bar on Tuesday had filed an application to review the attorney-general's discretionary powers not to prosecute Najib, as it said these powers are not absolute nor unfettered.
This is over Apandi's decision to clear Najib, who received deposits of RM42 million from state-owned SRC International and RM2.6 billion from an offshore account in his personal bank accounts.
Motion against NSC
The other motion that will be debated is on the much criticised National Security Council (NSC) bill, tabled by lawyer Andrew Khoo, who is also the Bar Council co-chairperson of the human rights committee.
The bill, which had been passed by the Dewan Rakyat and Dewan Negara, allows the chairperson of the NSC - which is the prime minister - to decide on and to declare an area a security zone and impose emergency-like conditions in that area due to security reasons.
The Conference of Rulers and the Yang di Pertuan Agong has withheld their consent of the bill on Feb 17, as it viewed that some provisions of the NSC Bill 2015 should be refined.
Another motion which is expected to see debate is the motion against internet censorship and the ban on news site The Malaysian Insider (TMI), which has since been closed down.
The motion tabled by Charles Hector says the block on TMI is a violation of the freedom of expression and opinion.
Malaysian Bar president Steven Thiru is also tabling a motion that says lawyers who have been in practice for five years or less will be required to undergo a ‘Professional Development Scheme’. Failure to do so would result in a fine of between RM100 and RM500.
Several young lawyers have complained that the motion discriminates against them but The Malay Mail Online quoted the Professional Standards and Development Committee chairperson Richard Wee denying this yesterday.
Meanwhile, a few lawyer groups, including the Malaysian Muslim Lawyers' Association, have warned that any motion to discuss Apandi's decision may be sub judice, after the Malaysian Bar’s filing of a judicial review against the AG on Tuesday. -Mkini
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