AGC to argue legal standing of applicant seeking 1MDB review

KUALA LUMPUR: The Attorney-General's Chambers (AGC) will be raising legal standing and constitutional issues in two judicial reviews seeking to declassify the audit report on 1Malaysia Development Bhd (1MDB) which is an "official secret".

In the first application for leave to initiate the judicial review proceedings filed on Aug 5, businessman Muhammad Zahid Md Arip, 50,  has applied to declassify the final audit report on 1MDB.

In the other application, Selangor Mentri Besar Datuk Seri Azmin Ali became the first parliamentarian seeking to declassify the same report.

High Court (Appellate and Special Powers) judge Justice Hanipah Farikullah on Friday ordered the parties to file their written submissions for the applications.

He set Jan 11 to hear clarifications on any issues raised.

Speaking to reporters after the proceedings in chambers, Muhammad Zahid's lead counsel, Mohamed Haniff Khatri Abdulla, said the parties have agreed for both applications "to be heard on the same day to enable the judicial time to be used to the optimum."

"There is no consolidation but the government (AGC) will be raising the preliminary objection in both applications," he said.

Mohamed Haniff said the AGC was raising a preliminary objection against his client that he (Zahid) has no locus standi or legal standing to bring the action.

"They are saying that my client is a busy body," he said.

He said there are legality and constitutional issues which are common issues in both applications raised by the AGC while he (Haniff) will be raising additional issue on morality in the case.

Senior Federal Counsel Shamsul Bolhassan, who confirmed the matter, said he has filed an affidavit over the objection in Zahid's application.

In his application for leave, Muhammad Zahid named Datuk Seri Najib Tun Razak, the Auditor-General and the Malaysian Government as respondents.

Muhammad Zahid, who claimed to be an Umno member and Perkasa's supreme council member, said he filed the suit as a Malaysian who has constitutional rights to do so and wants to end all the "unhealthy" speculations against the Government and prime minister over the 1MDB issues.

Azmin had named Najib, who is Prime Minister and Finance Minister, Auditor General Tan Sri Ambrin Buang and the Government as respondents.

Azmin, also PKR deputy president, is applying for a declaration that Najib acted in conflict of interest in issuing a certificate under Section 2B of the Official Secrets Act (OSA) 1972 to Ambrin directing him to classify the report as "official secret".

In his court papers, Azmin said the 1MDB report was posted online by Sarawak Report between July 6 and July 30, thereby destroying the basis for any continued confidentiality.