Azmin has no legal standing to sue for A-G’s report on 1MDB, court told

KUALA LUMPUR: The High Court was told today that Gombak MP Mohamed Azmin Ali has no legal standing to file a suit to declassify the Auditor-General’s report on 1MDB.

Government lawyer Suzana Atan said Azmin’s legal interest was not directly affected.

“The report was only prepared for the PAC,” she said in reference to the Public Accounts Committee, one of the standing committees established by Parliament.

Suzana said the report was classified as the document was prepared exclusively for the PAC that was investigating financial irregularity by the government-backed investor.

She said the PAC submitted its findings to the Dewan Rakyat in April last year but decided not to include the report.

“The A-G did not submit his report to Parliament,” she said, adding that this document was an exception and did not need to comply with Article 107 of the Federal Constitution.

Suzana said under normal circumstances, the A-G presented his annual audit reports on government agencies to Parliament.

She said the A-G’s report was classified after its interim document presented to the PAC in July 2015 was leaked to the public.

Azmin’s counsel Tommy Thomas said Article 107 imposed a duty on the King and the Dewan Rakyat Speaker to table the A-G’s annual reports and this document to the PAC was no exception.

“All 222 MPs in the Dewan Rakyat have the constitutional right to receive the report when the PAC presented its findings on 1MDB,” he said.

He said Azmin sought legal remedy because the Speaker refused to make public the report.

“MPs will not have freedom of expression in the House if they could not read the report,” he said.

He said the report should be declassified as whistleblower site Sarawak Report had made public the document in July last year.

“Moreover, the prime minister had promised to declassify the report after the PAC had completed its findings,” he added.

Azmin, in his judicial review application, cited the then A-G Ambrin Buang’s testimony during Pandan MP Rafizi Ramli’s trial under the Official Secrets Act (OSA) that he (A-G) classified the report on Najib’s instruction.

Azmin said the A-G and Najib could not hide behind the OSA in refusing to make public the report.

He said there was also a conflict of interest on Najib’s part due to the latter’s role at that time as 1MDB’s adviser.

Justice Kamaludin Md Said will deliver his ruling on Dec 5. -FMT