Kit Siang says he did not agree with 2017 Federal Court decision to dismiss appeals over ex-AG's handling of 1MDB

KUALA LUMPUR (April 9): DAP veteran Lim Kit Siang (pictured) told the High Court today that he did not agree with the Federal Court's 2017 decision to dismiss three appeals for leave to challenge then Attorney-General (AG) Tan Sri Mohamed Apandi Ali’s decision to close an investigation related to former prime minister Datuk Seri Najib Razak’s alleged wrongdoing in the 1Malaysia Development Bhd (1MDB) issue.

Testifying in the hearing of a defamation suit brought against him by Apandi over an article written by the veteran politician on May 6, 2019 -- in which he urged the former attorney general to explain why he "aided and abetted in the 1MDB scandal" -- Kit Siang said that while he did not agree with the court’s decision, he did not take any legal remedies such as initiating a Judicial Review to challenge the decisions.

Kit Siang was under cross-examination today from Apandi’s lawyer M. Visvanathan who read excerpts from the 2017 judgment.

Visvanathan: Are you now suggesting that the High court, the Court of Appeal and the Federal Court was wrong [in their decision]?  The learned judge in the case said that there was no need for any investigation, it must be emphasised that MACC is free to open investigations on new evidence received.

Kit Siang I don’t agree with that.

Visvanathan: You would agree that the decision states affirmatively that the AG’s decision to close the investigation does not mean that it is closed. This is the High Court, Court of Appeal and Federal Court decision in 2017.

Kit Siang: I do not agree.

Visvanathan: You don’t agree? Are you suggesting even the courts are aiding and abetting in the 1MDB scandal?

Kit Siang: No. I didn’t say that. I would say that I don’t agree.

In 2017, a three-man Federal Court bench led by then Chief Justice Tan Sri Md Raus Sharif, made the unanimous decision after hearing submissions from both the defendants and the prosecution team.

The three appellants – former Batu Kawan Umno deputy chief Datuk Seri Khairuddin Abu Hassan, the Malaysian Bar, and former cabinet minister Datuk Zaid Ibrahim - were seeking leave to challenge the former AG’s decision over the 1MDB issue which Kit Siang claimed he “aided and abetted”.

Visvanathan also asked Kit Siang why he had not made a police report if he felt that Apandi had committed the crime of aiding and abetting, to which Kit Siang replied that the AG must be accountable to the people.

Visvanathan then said that Kit Siang was not “bold enough” to make a report because he knew Apandi had not committed a crime.

The lawyer then asked the Iskandar Puteri MP why he had not personally written to Apandi seeking clarification before writing the article.

Visvanathan: For an MP like you, would it be better for you to write to him officially to demand an explanation? If the [former] AG fails to do so, you can take it up later.

Kit Siang: With due respect, I don't agree.

The trial is before High Court Judge Datuk Azimah Omar and will continue with Kit Siang still on the witness stand when it resumes on June 21 and 23.

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