Bad decisions by public officer can be taken to court, says former judge Mohd Noor

Mohd Noor Abdullah

PUTRAJAYA: Any decision made by a public officer can be challenged in court if it was made in bad faith, said former Court of Appeal judge Datuk Mohd Noor Abdullah.

Speaking in his personal capacity and not as member of the Malaysian Anti-Corruption Commission's (MACC) Operation Review Panel and Special Panel, Mohd Noor said the court "is the ultimate judge" to correct any wrongdoing.

"Any public decision made in bad faith can be challenged in the court of law," Mohd Noor told reporters after attending a meeting of both panels at the MACC headquarters here, Thursday.

He was responding to a question if the MACC can challenge Attorney-General Tan Sri Mohamed Apandi Ali's decision to close the investigations into SRC International Sdn Bhd and RM2.6bil donation. Apandi also absolved Prime Minister Datuk Seri Najib Tun Razak of any wrongdoing in both cases.

The two panels have advised the MACC to "engage" the Attorney-General over his decisions on the two cases.

(Related story: Panels urge MACC to 'engage' A-G over decision to close cases)

Mohd Noor said he believed that Apandi did not abuse his power in making the decisions, "but as a public officer, the Attorney-General owes the public an explanation as to why he made the decisions."

"As an A-G, you can make your decision but you are answerable to the public," he said.

Mohd Noor said the A-G should in his explanations give details of the flow of the money that should have been provided in the first place.

"The public is educated, we cannot lie to them," he said.

Mohd Noor said although it was the A-G's "exclusive right" in making decisions, he still has to give free access to MACC to investigate until the completion of the case.

"It is not for the A-G to say stop the investigation because it is the power of the A-G to prosecute and to evaluate evidence.

"Let the MACC continue its job until the end of the journey," he said.