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Appeals by Malaysian Bar, Zaid and Khairuddin dismissed

PUTRAJAYA, April 4 (Bernama) -- The Court of Appeal today dismissed the appeals by three appellants including the Malaysian Bar for leave to commence a judicial review to challenge the Attorney-General's (AG) decision over closure of investigations relating to the RM2.6 billion donation.

The decision was made by a three-member panel comprising Justice Datuk Umi Kalthum Abdul Majid, Tan Sri Idrus Harun and Datuk Abdul Rahman Sebli.

Justice Umi Kalthum who chaired the panel said they unanimously agreed to dismiss all three appeals with no orders as to the cost and affirmed the order of the High Court.

The Malaysian Bar, former Minister in the Prime Minister's Department Datuk Zaid Ibrahim and former Batu Kawan Umno vice head Datuk Seri Khairuddin Abu Hassan were appealing against a High Court's refusal to grant them leave to initiate a judicial review.

The trio sought among others to quash Attorney-General Tan Sri Mohamed Apandi Ali's decision to absolve Prime Minister Datuk Seri Najib Razak of wrongdoing over the RM2.6 billion deposited into his account.

On Nov 11, last year, High Court Judge Datuk Hanipah Farikullah rejected the trio's leave applications, ruling that the AG had absolute discretion under Article 145 of Federal Constitution on prosecution and the court had no jurisdiction to hear the matter.

Zaid filed his application on Feb 2, last year seeking for an order to quash the AG's decision and compelling him to institute criminal proceedings against the prime minister under the appropriate provisions of the Penal Code and/or the MACC Act 2009.

The AG had on Jan 26, last year found that no criminal offence was committed by Najib in relation to SRC International Sdn Bhd and the alleged RM2.6 billion donation.

In his application filed on Feb 3, last year, Khairuddin wanted a court order to quash the decision by Mohamed Apandi to exonerate Najib of any wrongdoing relating to the MACC investigations into three matters.

Khairuddin sought to challenge Mohamed Apandi's decision that he was satisfied that no criminal offence was committed by Najib pertaining to the RM2.6 billion donation, transfer of funds by SRC International into his personal banking account and provision of a loan by pension fund KWAP to SRC International.

In March last year, the Bar also filed the application seeking to quash the decision communicated by the AG through a press release issued on Jan 26, last year that no criminal offence had been committed by Najib in relation to three investigation papers submitted by the MACC to the AG.

Malaysian Bar president George Varughese told the media he would seek legal advice on whether to file leave to appeal to the Federal Court.

Zaid's counsel Datuk Seri Gopal Sri Ram said his solicitors were confident in obtaining instructions to take the matter further while Khairuddin's lawyer Mohamed Haniff Khatri Abdulla said he would take the matter to the Federal Court.

 

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