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Malaysian Bar ‘tainted’ by motion at AGM to remove AG
Published:  Mar 18, 2016 4:43 PM
Updated: 8:50 AM

A Penang DAP backbencher said the Malaysian Bar has been “tainted” by its actions against attorney-general (AG) Mohamed Apandi Ali and his decision not to press charges against Prime Minister Najib Razak.

Seri Delima assemblyperson RSN Rayer is referring to the Bar’s plan to table a motion to seek Apandi’s removal at its AGM and the application for judicial review to challenge the AG’s decision not to prefer charges against Najib in relation to the RM2.6 billion donation.

Rayer, who is also a lawyer, said he personally felt the two issues have tainted the position of the Bar as a professional regulatory body for advocates and solicitors in Malaysia into a partisan organisation which is pro-opposition and anti-government.

“The Bar Council is urged to withdraw this action for a judicial review as it will not meet the legal pre-requisites as the Bar Council is not aggrieved by this decision of the attorney-general who decided not to prefer charges against the Prime Minister.

“It seems to me that this action of the (Malaysian) Bar Council has drawn wide criticism as being a busybody and further fuelled speculation that the Bar is now very pro-opposition and anti-government, although I personally do not subscribe to this misconception as I think the Bar still upholds law and justice in this country,” he said in a statement today.

The Malaysian Bar is holding its AGM in Kuala Lumpur tomorrow.

Rayer said Apandi Ali is the Attorney General and Article 145 of the Federal Constitution gives him the power to decide on all matters related to prosecution.

He added that moving a motion to call for his resignation or removal at the Bar AGM may not be the legally correct thing to do.

“It is wrong for the Bar Council to propose and debate a motion calling for the removal of the newly appointed AG when it is legally and constitutionally clear that the appointment of the AG is the prerogative of the Agong on the advice of the Prime Minister.

“I urge the Bar Council to abort debating this motion because the Bar cannot be seen to be doing something for the sake of doing something, although it may not have any legal impact lest we want to be the laughing stock of the entire nation,” he added.

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