'I don't control AG, cops or MACC'
Published on: Wednesday, June 15, 2016
Kuala Lumpur: Prime Minister Datuk Seri Najib Razak denies having any control over the Attorney-General (AG) and government agencies investigating the 1Malaysia Development Bhd (1MDB) issue.According to a 22-page Statement of Defence made available Tuesday, Najib asserts that he does not exercise any control over the AG, the Royal Malaysian Police and the Malaysian Anti-Corruption Commission (MACC), among others.Najib's defence was against a lawsuit by former prime minister Tun Dr Mahathir Mohamad, former Batu Kawan Umno vice-chief Datuk Seri Khairuddin Abu Hassan and former Langkawi Wanita Umno member Anina Saadudin.
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The lawsuit was over Najib's alleged abuse of power as Prime Minister to influence the authorities' investigation into alleged misappropriation involving him and 1MDB.Najib said the duties of the AG, police and MACC are laid out under the Federal Constitution, the Police Act 1967, and the MACC Act 2009, among others."The defendant (Najib) was not responsible for the appointment of the Special Task Force," said Najib in reference to the multi-agency Special Task Force formed last year to investigate the 1MDB issue.He said that last year's removal of then-AG Tan Sri Abdul Gani Patail and the appointment of current AG Tan Sri Mohamed Apandi Ali was in accordance with Article 145(1) of the Federal Constitution.
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He countered the plaintiffs' claim that he had a hand in the police investigation against the MACC last year, stating that he was not in any way responsible for nor authorised it."The defendant (Najib) has not interfered, continuously interfered with the due process of law nor has he used his position as an alleged public officer to ensure that the various ministries and various government departments carry out the necessary alleged investivations into the alleged impropriety or alleged misconduct alleged against the defendant," said Najib.
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"He (Najib) has not abused his position as Prime Minister, Finance Minister, Chairman of BN (Barisan Nasional) and President of Umno to further his alleged corrupt practices," said Najib.He contends that the three plaintiffs have no right to bring the lawsuit over alleged tort of misfeasance in public office as no such cause of action exists.Najib seeks for the lawsuit be dismissed with cost as it (legal action) seeks exemplary and aggravated damages of RM2.6 billion and RM42 million respectively, be paid to the government of Malaysia, who is not even a party in the matter.On March 23 last year, Mahathir, Khairuddin and Anina filed the lawsuit. However on June 23, the High Court will hear Najib's bid to strike out the legal action.In his statement of defence, Najib also pointed out that he did not prevent former Deputy Prime Minister Tan Sri Muhyiddin Yassin from carrying out his duties as Umno Deputy President during the Umno general assembly nor his duties as deputy chairman of BN.Najib also pointed out that the removal of Muhyiddin was an implementation of the Royal prerogative under Article 43(5) of the Federal Constitution acting on the advice of the prime minister, and the move was not his action in carrying out his duties said to be as a civil servant.Based on these grounds, the prime minister pointed out that in order for all the plaintiffs to initiate proceedings based on tort misfeasance in public office/or fiduciary duty, they must prove that he was a civil servant.The three plaintiffs, Dr Mahathir, Khairuddin and Anina must prove that they had incurred losses due to the duties carried out by the defendant, namely Najib, and that the task he was discharging had malicious intent.Stay up-to-date by following Daily Express’s Telegram channel.
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