'Azmin does not have locus standi to ask for 1MDB report'

Government lawyers said Selangor Menteri Besar Mohamed Azmin Ali does not have the locus standi (legal standing) to ask for the declassification of the auditor-general's report on 1MDB, even if the latter needed it to explain the matter to his constituents.

This followed submissions by Azmin's lawyer Tommy Thomas to the Kuala Lumpur High Court on the merits of initiating a judicial review to have the document made public.

Thomas argued that prior to the 1MDB report, there had never been any auditor-general reports which were classified under the Official Secrets Act 1972 (OSA).

"Since Merdeka, all audited reports done by the auditor-general have been made public and only this time, regarding 1MDB, the information is withheld from being opened," he said.

Thomas submitted that getting the audited 1MDB report classified under OSA is ultra vires (beyond the powers) of the Federal Constitution, under which Article 107 states that whatever report done by the auditor-general must be tabled in the Dewan Rakyat for it to be debated.

Outlaying the facts of the case, he said it was not in dispute that US$681 million was deposited in Prime Minister Najib Abdul Razak's account and another RM42 million came from 1MDB subsidiary SRC International Sdn Bhd.

Thomas said Azmin, as an MP, had the right to know as 1MDB was set up with using RM1 million in taxpayers’ money, and hence, it should be answerable to the public.

He also pointed out that despite the document being classified under OSA, it has been available online in whistleblower website Sarawak Report since last year.

"Furthermore, Prime Minister Najib Abdul Razak had been quoted that he is prepared to make the report public once the Parliament's Public Account Committee probe is completed," the senior lawyer added.

Senior federal counsel Suzana Atan, in reply, said that Azmin does not have the legal standing to initiate the matter as the report was specifically prepared for the Parliament's PAC committee.

Suzana said the purpose of the report is to facilitate the investigation by PAC.

She said former auditor-general Ambrin Buang had classified the report under the OSA as there had been leakage to the 1MDB interim report.

Following the tabling to PAC, Suzana said it is up to the committee to decide whether the report is to be made public.

However, she added the PAC report does not include 1MDB's audited accounts.

The government counsel also said that the 1MDB audited report is not classified under Article 107 of the Federal Constitution, as it is specifically prepared for PAC.

Tommy said Azmin was forced to make the application following Speaker Pandikar Amin Mulia's refusal to make 1MDB's audited report public, despite Najib's assurance. 

"The document should be made public as the 222 MPs have the right to practice their right to freedom of expression under Article 10, especially to debate it in Parliament, as the issue is debated worldwide," he said.

Justice Kamaludin Md Said fixed Dec 5 to deliver his verdict.

The judge also fixed Nov 24 to hear a similar application from former Umno member Zahid Md Arip to have the 1MDB document declassified, as the court's air conditioning unit was not functioning throughout the proceeding.- Mkini