Azmin gets nod on proceedings to declassify 1MDB audit report

KUALA LUMPUR: A High Court has allowed Datuk Seri Mohamed Azmin Ali (pic) and a businessman to initiate judicial review proceedings seeking to declassify the audit report on 1Malaysia Development Bhd (1MDB).

High Court (Appellate and Special Powers) judge Justice Hanipah Farikullah granted leave to both applicants for judicial review after hearing submissions by parties in chambers yesterday.

In the first application for leave filed on Aug 5 last year, businessman Muhammad Zahid Md Arip, 50, had applied to declassify the final audit report on 1MDB.

In the next application, Mohamed Azmin became the first parliamentarian seeking to declassify the same.

Speaking to reporters later yesterday, Zahid's lead counsel Mohamed Haniff Khatri Abdulla said the judge decided over both applications after hearing preliminary objections raised by the Attorney-General's Chambers (AGC).

“The AGC raised preliminary objections that the applications should fail on the issue of locus standi (legal standing) and that the applications are frivolous and vexatious,” he said.

Senior Federal Counsel Suzana Atan, from the AGC, who confirmed the details, said they also raised the provisions of the Official Secrets Act (OSA) and the Federal Constitution relating to the Auditor General's report, but was not accepted by the judge who said the threshold was low at this stage.

Mohamed Azmin's lead counsel Tommy Thomas confirmed the granting of the leave to his client. The court has set Feb 15 for case management.

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

In his application for leave filed in August last year, Mohamed Azmin named Najib, who is the Prime Minister and Finance Minister, Auditor General Tan Sri Ambrin Buang and the Government as respondents.

Mohamed Azmin, also the Selangor mentri besar and Parti Keadilan Rakyat's 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 an "official secret".

In his court papers, Mohamed 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.