Latest news with #A-GC
New Straits Times
2 days ago
- Politics
- New Straits Times
Anwar's constitutional question to federal court not aimed at absolute immunity
KUALA LUMPUR: The application by Prime Minister Datuk Seri Anwar Ibrahim to refer several constitutional questions to the Federal Court, under Article 128(2) of the Federal Constitution and Section 84 of the Courts of Judicature Act 1964, is not intended to create absolute immunity for any individual. According to the Attorney-General's Chambers (A-GC), these questions raise new and unprecedented constitutional issues, particularly concerning the relationship between civil litigation and the ability of a sitting prime minister to effectively perform executive functions. The A-GC said that the eight questions include, among others, whether civil actions related to pre-office conduct can proceed if they undermine the prime minister's ability to govern. "Whether the Constitution implicitly requires judicial threshold review in such cases, and whether Articles 5(1), 8(1), 39, 40, and 43 of the Constitution support procedural protection to safeguard the separation of powers and institutional stability," the A-GC said in a statement released today. The A-GC clarified that these questions are structural in nature regarding constitutional governance, not about personal immunity. The AG-C added that the constitutional reference process was established to enable the High Court and Federal Court to make conclusive determinations on such issues. The A-GC respects the integrity of this constitutional mechanism and will evaluate any request for intervention based on legal merit and public interest, rather than politically charged sentiments. Furthermore, the A-GC stressed that any decision regarding the effect of constitutional provisions rests solely within the jurisdiction of the Federal Court under Article 128(2) of the Constitution. On May 27, the Prime Minister applied to refer eight legal questions to the Federal Court for decision. This application includes the question of whether he possesses immunity from a civil suit filed by his former researcher, Yusoff Rawther, four years ago. Anwar also requested the court to consider whether the lawsuit impacts his ability to carry out executive duties and undermines the principle of separation of powers guaranteed by the constitution.
New Straits Times
3 days ago
- Politics
- New Straits Times
Isham Jalil to know contempt of court ruling on July 1
KUALA LUMPUR: Former Umno information chief Isham Jalil will know on July 1 whether he will be held in contempt of court over remarks allegedly undermining public confidence in the judiciary. Judge K. Muniandy fixed the date after hearing lengthy submissions from both parties in committal proceedings initiated by the Attorney-General's Chambers (A-GC) against Isham today. Deputy public prosecutor Mohamad Mustaffa P Kunyalam who appeared for the A-GC submitted that Isham's statements posed a real risk of undermining public confidence in the administration of justice. "The respondent has tarnished the judiciary's reputation when he questioned the actions and decision of the Federal Court and the High Court involving both 1MDB and SRC International criminal cases," he said. Meanwhile, Isham's lawyer Tan Sri Azizan Harun argued that the statements were never intended to bring the court into disrepute and that the A-GC failed to prove beyond reasonable doubt that his client's actions amounted to contempt of court. Azizan, who is also the former Dewan Rakyat speaker, said the grounds raised during the committal hearing were different from those presented when applying for leave to start the proceedings. This, he said, left his client unsure of how to prepare a proper defence. He said the courts must be strong enough to withstand criticism and should not overreact, especially in today's social media era where everyone is free to express their opinions. He argued that some of the points Isham raised had been brought up by Najib's own lawyers in court, questioning why his client could not express similar views outside the courtroom. The application was filed on Dec 28, 2023, following Isham's remarks in an interview titled "Townhall For Justice: Keadilan Sebenarnya Untuk Siapa?" (Justice: Who Is It Really For?). In his remarks, Isham had criticised the corruption trial and appeal involving his former boss, Datuk Seri Najib Razak, in relation to the 1Malaysia Development Bhd (1MDB) and SRC International Sdn Bhd cases. The recorded interview, which discussed the trial and appeal proceedings in the SRC and 1MDB cases, was posted on the Facebook page of "The Malaya Post" on Sept 30, 2023.
![[UPDATED] A-GC: Najib's contempt bid premature, violates court order](/_next/image?url=https%3A%2F%2Fassets.nst.com.my%2Fimages%2Farticles%2FNajib230525_1747971540.jpg&w=3840&q=100)
New Straits Times
23-05-2025
- Politics
- New Straits Times
[UPDATED] A-GC: Najib's contempt bid premature, violates court order
KUALA LUMPUR: Datuk Seri Najib Razak's move to initiate contempt proceedings against former Attorney-General Tan Sri Ahmad Terrirudin Mohd Salleh has been described as premature and in direct violation of a standing court order. The Attorney-General's Chambers (A-GC) said the issue raised in Najib's application is the subject of an ongoing appeal over the royal addendum, which has yet to be decided by the Federal Court. "The High Court on April 28 granted a stay of all proceedings pending the disposal of the said appeal at the Apex Court. "This stay encompasses all existing and future proceedings relating to the matter, including contempt of court actions," it said in a statement today. The A-GC warned that any attempt to commence or continue contempt proceedings while the stay remains in force amounts to a breach of the court's directive and undermines the orderly administration of justice. "Such actions are in direct contravention of the court's order and may be construed as an abuse of process. "The A-GC will not hesitate to seek the dismissal of the application on these grounds," the statement said. The statement was issued in response to an earlier report that Najib had, on May 21, filed contempt proceedings against Terrirudin over an addendum order issued by the former Yang di-Pertuan Agong, which purportedly allowed him to serve the remainder of his sentence under house arrest. The legal firm Messrs. Shafee & Co., which represented the former Pekan member of Parliament, said the application was based on clear evidence that Terrirudin had knowledge of the addendum order but chose to mislead the court. The statement said that despite being aware of the addendum order, the former A-G had allegedly instructed his officers to mislead the High Court by dismissing Najib's claims as speculative, a fishing expedition, and based on hearsay. It added that by choosing to mislead the court, the former A-G had brought the administration of justice into disrepute and should face serious consequences. It added that both Malaysian and international legal principles, including recent Federal Court decisions, clearly require the government to present all relevant facts and documents in any judicial review. Najib is serving a six-year sentence after being convicted of misappropriating RM42 million from SRC International Sdn Bhd. The High Court had initially sentenced him to 12 years in prison with a fine of RM210 million. This verdict was upheld by both the Court of Appeal and the Federal Court. However, his sentence was reduced to six years, and his fine was lowered to RM50 million following his petition for a royal pardon on Sept 2, 2022.
![[UPDATED]: A-GC: Insufficient evidence in Teoh Beng Hock case, probe ends with NFA](/_next/image?url=https%3A%2F%2Fassets.nst.com.my%2Fimages%2Farticles%2F220525nstTBH01_1747909106.jpg&w=3840&q=100)
New Straits Times
22-05-2025
- Politics
- New Straits Times
[UPDATED]: A-GC: Insufficient evidence in Teoh Beng Hock case, probe ends with NFA
KUALA LUMPUR: The investigation into Teoh Beng Hock's death in 2009 has been classified as No Further Action (NFA), the Attorney-General's Chambers (A-GC) has confirmed. The A-GC said that there is insufficient evidence to prove any offence against any individual under the law. "The department has reviewed and examined the entire investigation file submitted. "Upon reviewing all the available evidence, it was found that there is insufficient evidence to prove any offence against any individual under the law. "Therefore, the directive given is that NFA will be taken in relation to this investigation file," it said in a statement today. Earlier, the Teoh Beng Hock Association for Democratic Advancement revealed that the case had been classified as NFA. Previously, Prime Minister Datuk Seri Anwar Ibrahim stated that the government had agreed to reopen the investigation into Teoh's death after meeting the deceased's family. Teoh was found dead on July 16, 2009 at the Plaza Masalam building, after giving a statement to the Malaysian Anti-Corruption Commission (MACC) at its office on the 14th floor of the same building. He was the political secretary to then-Seri Kembangan assemblyman Ean Yong Hian Wah, who served as the Selangor executive councillor for local government, the legalisation of illegal factories, and new village development. On Jan 5, 2011, the Shah Alam Coroner's Court ruled that Teoh's death was not due to suicide or murder and found that there was no third-party involvement. On July 21, 2011, the Royal Commission of Inquiry formed to investigate his death concluded that he had died by suicide. However, on Sept 5, 2014, the Court of Appeal overturned the ruling, determining that his death had resulted from unlawful acts by one or more unknown individuals. On Feb 4, 2025, CID director Datuk Seri Mohd Shuhaily Mohd Zain said that his department would use three-dimensional (3D) scanning technology to "reconstruct the crime scene" as part of efforts to reinvestigate the case. The equipment was used to produce a visual representation of the scene.
New Straits Times
22-05-2025
- Politics
- New Straits Times
Govt to decide on A-G, prosecutor split before next GE
KUALA LUMPUR: The government aims to finalise the direction for the proposed separation of the roles of the Attorney-General (AG) and the public prosecutor before the next general election. Minister in the Prime Minister's Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said said that empirical studies were still underway, drawing on the practices of other countries. "The government is assessing whether prosecutors should focus exclusively on prosecution duties, without other responsibilities. This is still a point of debate, but the study is ongoing. "I hope that by the time of the next general election, we will have decided on the direction the Madani government intends to take regarding the separation of the A-G's role as prosecutor and legal adviser to the government," she said during a town hall session at Universiti Malaya, which marked the launch of the AI Legal Justice Roadmap 2025–2026 and the Institutional Reform Map Microsite (PetaRI). Azalina said that currently the A-GC undertook a variety of roles, including advisory, civil, and Shariah matters. "The Madani government is conducting an empirical study, comparing practices in other countries, to determine whether prosecutors in Malaysia should be exclusively dedicated to prosecution. If the government supports this policy, parliamentarians will then decide whether to proceed with it," she said. Acknowledging that this issue was particularly sensitive, especially regarding the immunity element associated with the role of prosecutors, she said: "In some countries, such as the United States, prosecutors or the A-Gs are elected, whereas in Malaysia, they are appointed. The role and function of prosecutors carry immense responsibility, and this must be carefully considered as part of the ongoing review. Separately, during a press conference, Azalina said that once the empirical study was completed, the proposal would be presented to several committees, including the technical committee. Following this, it would be taken to the policy level and then to cabinet for a decision. "This is not a straightforward process, as the study must go through several stages," she said. Azalina also said that discussions were ongoing, with consideration given to the fact that Sabah and Sarawak held prosecution powers in certain areas. "We need to approach the separation of roles comprehensively. From my observation, part of the current issue lies with the A-GC, especially in terms of its advisory role and other functions," she added. On March 13, Azalina said that Malaysia was in the final phase of its empirical study on the proposed separation of the A-G and Public Prosecutor roles, following similar visits to Canada and Australia in the previous year.
