Bar Council may sue on 1MDB, RM2.6b issue

Joseph Francis

joseph@asklegal.my

Image credit: The Malaysian Bar

NEWS UPDATE The Bar Council, said its President Steven Thiruneelakandan, would write to the Government of Malaysia as soon as possible for a Royal Commission of Inquiry (RCI) into the 1Malaysia Development Berhad (1MDB), its strategic investment and development arm, and the RM2.6 billion reported in Prime Minister Najib Abdul Razak's personal accounts with AmBank Islamic private banking services before the last General Elections in 2013.

"It's in Najib's own interest to recommend an Inquiry and to allow investigations to run unhindered," said Thiru.

He added that the Bar Council may also initiate legal action against public officers who may have obstructed investigations into the RM2.6 billion controversy. "Those named in the suit would include the Prime Minister, as well as others who interfered with investigations into the RM2.6 billion controversy and the RM42 billion 1MDB Scandal."

"The Bar Council is mandated under the Legal Profession Act to take action in the administration of justice without fear or favour."

These are among Resolutions passed by the Bar Council at an Extraordinary General Meeting on Saturday in Kuala Lumpur.

Three other Resolutions are to condemn the removal of Attorney General Abdul Gani Patail in late July, the crippling of the Public Accounts Committee (PAC) which was investigating the 1MDB Scandal, and the alleged intimidation and harassment of investigating officers in the AG's Chambers, the Malaysian Anti Corruption Commission (MACC), Bank Negara and the Special Branch.

Resolution on the allegations of financial impropriety concerning 1MDB and its related companies, the transfer of MYR2.6 billion and the flow of MYR42 million into the Prime Minister's personal bank accounts, and matters in connection therewith.

Briefly, the Resolutions read as follows:

Therefore, it is hereby resolved that:

(a) The Malaysian Bar condemns the interference with, and the subversion of, the cause and administration of justice, and the investigation and inquiry into the allegations of financial impropriety concerning 1MDB and its related companies, and the transfer of MYR2.6 billion and the flow of MYR42 million from SRC, both into the Prime Minister's personal bank accounts.

(b) The Malaysian Bar condemns the abrupt removal of Tan Sri Gani; the crippling of the PAC; and the harassment, intimidation and oppression of investigating officers or personnel of the AGC, MACC, BNM, and the Special Branch of the PDRM.

(c) The Malaysian Bar demands that the Malaysian Government immediately advise the Yang di-Pertuan Agong to establish a Royal Commission of Inquiry ("RCI"), which should comprise members who are independent, impartial and of unimpeachable integrity, to inquire into and investigate:

(i) the allegations of financial impropriety concerning 1MDB and its related companies;

(ii) the transfer of MYR2.6 billion into the Prime Minister's personal bank accounts; and

(iii) the flow of MYR42 million from SRC into the Prime Minister's personal bank accounts;

and to report on, and make public, its findings and recommendations, including any further action that needs to be taken.

(d) The Malaysian Bar notes that several members of the administration are advocates and solicitors of the High Court of Malaya, and the Malaysian Bar reminds such members of the administration that, whether in active practice or not, all advocates and solicitors are expected at all times to protect and further the rule of law and to uphold justice. The Malaysian Bar further reminds such members of the administration that the failure to maintain the core values of the legal profession would render them liable to disciplinary action under the Legal Profession Act 1976.

(e) The Malaysian Bar mandates the Bar Council to take any and all steps that it deems appropriate in order to affirm and preserve the rule of law, to uphold the Federal Constitution, and to protect the administration of justice, including but not limited to, instituting a legal suit(s) against any person(s) responsible for the interference with, impediment to, or obstruction or perversion of, the administration of justice, and the investigation into:

(i) the allegations of financial impropriety concerning 1MDB and its related companies;

(ii) the transfer of MYR2.6 billion into the Prime Minister's personal bank accounts; and

(iii) the flow of MYR42 million from SRC into the Prime Minister's personal bank accounts.

Thiru drew the attention of Members to the amendment he wished to make to the title of the motion, as follows:

"Motion on the allegations of financial impropriety concerning 1MDB and its related companies, the transfer of MYR2.6 billion and the flow of MYR42 million into the Prime Minister's personal bank accounts, and matters in connection therewith, proposed by Steven Thiruneelakandan, as Chairman of the Bar Council and on behalf of the Bar Council, at the Extraordinary General Meeting of the Malaysian Bar on 12 September 2015";

as well as various amendments to the content of the motion.

Thiru called the EGM to order at 10:43 am, and proceeded directly to the heart of the issue.

One motion had been proposed for consideration at this EGM:

"Motion proposed by Steven Thiruneelakandan, as Chairman of the Bar Council and on behalf of the Bar Council, at the Extraordinary General Meeting of the Malaysian Bar to be held on 12 September 2015."