THE filing of a notice of appeal following an acquittal in a criminal trial is normal practice by the Attorney-General’s Chambers, said Mohamed Apandi Ali.

The former A-G, in a statement today, said the practice has been in place since Abu Talib Othman held the post.

“After filing the notice, the AGC will normally study the grounds of judgment by the trial judge, and then decide whether to proceed with the appeal.

“It has long been the practice of the prosecution in this country to have 99% evidence to secure a conviction. Only then is a criminal charge preferred.”

His comments come after news that A-G Tommy Thomas was shocked by the filing of an appeal in PKR vice-president Rafizi Ramli’s National Feedlot Corporation (NFC) case.

Apandi said this is how the AGC remains apolitical, adding that all prosecutions are based strictly on the facts and law.

This is why the AGC’s motto has been “Steadfast in upholding justice” since 2016, he said.

Yesterday, Thomas said he was shocked by his office’s apparent disobedience by appealing the high court’s decision last month to acquit Rafizi of charges under the Banking and Financial Institutions Act for allegedly revealing bank account information relating to NFC.

“It was decided after a discussion I had with Election Commission chairman Azhar Azizan Harun,” he said, adding that it was his express instruction that the AGC would not appeal.

He said he will take action to that effect on Monday.

“This decision was conveyed to the relevant officers.

“We will find out why the appeal was filed, when clear instructions were given not to do so.”

Rafizi’s lawyer, Nik Zarith Nik Moustpha, said the defence was notified of the appeal yesterday via an email from the Court of Appeal registrar, and that March 9 has been set for mention.

On November 15, the Shah Alam High Court allowed Rafizi’s appeal to set aside his conviction.

Also acquitted was former Public Bank clerk Johari Mohamad, whose lawyer, Zaid Malek, confirmed receiving a notification from the court registrar, too.

On February 7 last year, the Shah Alam Sessions Court found Rafizi guilty of disclosing documents, comprising balance summaries of accounts belonging to NFC, National Meat & Livestock Sdn Bhd, Agroscience Industries Sdn Bhd and Dr Mohamed Salleh Ismail, to media consultant Yusof Abdul Alim and The Star reporter Erle Martin Carvalho.

The exchange took place at the PKR headquarters in Petaling Jaya on March 7, 2012.

Johari was charged with conspiring with Rafizi to commit the offence on the same date and at the same address.

The Banking and Financial Institutions Act was repealed in August 2012. – December 7, 2019.