Azmin has no legal standing to declassify report, court told


Amin Iskandar

Mohamed Azmin Ali believes all MPs are entitled to the report under the Constitution because PAC has to present its findings to Parliament. The Malaysian Insight pic, October 26, 2017.

Selangor Mentri Besar Mohamed Azmin Ali has no legal standing to challenge the auditor-general’s report on 1Malaysia Development Bhd (1MDB), the court was told today.

Azmin, who is also Gombak MP, had no locus standi to challenge the report’s status as he had no direct interest in the case, said Suzana Atan, who represented the government.

“The report was specifically prepared for the Public Accounts Committee (PAC),” said Suzana.

She said the AG’s report on 1MDB was classified under the OSA as it was a report exclusive for PAC.

PAC in turn decided not to append the report of its findings to Dewan Rakyat.

The Auditor-General did not submit the report to Parliament. It only gave it to PAC,” said Suzana.

She said the report was an exception and did not contravene Article 107 of the Federal Constitution.

Suzana said the report had to be classified under OSA as the initial report to PAC on July 2015 had already been leaked out.

Azmin’s lawyer Tommy Thomas said Article 107 states the Auditor-General had to submit all his reports to the King and should be debated in Dewan Rakyat.

All MPs are entitled to the report under the Constitution because PAC has to present its findings to Parliament,” said Thomas,

Thomas said Azmin should have locus standi to challenge the report’s status as it would inhibit his ability to debate in Parliament if he can’t access the report.

He added the report should not be classified under OSA when the Sarawak Report website had already uploaded the full report on its site.

Azmin was seeking declarations Prime Minister Najib Razak’s act of placing the report under OSA to be a conflict of interest and Attorney-General Ambrin Buang’s action of classifying the report to be against the law. 

Judicial commisioner Kamaruddin Said will announce his decision on Dec 5. – October 26, 2017.


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