PETALING JAYA: The “defiance” of Attorney-General Tommy Thomas’ decision not to appeal against the acquittal of Rafizi Ramli shows that there are forces working within the Attorney-General’s Chambers (AGC) to discredit him, a DAP MP said.
Describing this as “worrying”, Ramkarpal Singh said however he welcomed the confirmation by Thomas that he did not sanction the appeal and that he would rescind it on Monday.
A lawyer for PKR vice-president Rafizi had been informed earlier yesterday the AGC had filed an appeal against his acquittal under the Banking and Financial Institutions Act (Bafia) for allegedly revealing bank accounts related to National Feedlot Corporation (NFC).
Nik Zarith Nik Moustpha said the defence team was notified of the appeal through an email from the Court of Appeal’s registrar.
Lawyer Zaid Malek, representing former Public Bank officer Johari Mohamad, who was accused of conspiring with Rafizi, also confirmed that they had been notified of the appeal by the court registrar, and that March 9 had been fixed as the appeal’s mention date.
In a statement today, Ramkarpal, the Bukit Gelugor MP and DAP National Legal Bureau chairman, said even if Thomas does not rescind the appeal on Monday, its legality is questionable as only the AG has the power at his discretion under Article 145(3) of the Federal Constitution to sanction it.
“This surely implies that if such an appeal is filed on his behalf by one of his deputies, it must, nevertheless, be sanctioned by him.
“As it is clear now that there was no such sanction, Rafizi’s defence team ought to take the necessary steps to strike out the said notice of appeal if Tommy does not withdraw it himself on Monday,” he said.
He called for “stern action”, including possible dismissal, against those behind “such an act of defiance and sabotage”.
“The image of the AGC, being the guardian of justice in this country, must be jealously protected,” he said.
PETALING JAYA: The attorney-general said he will rescind the appeal against Rafizi Ramli’s acquittal under the Banking and Financial Institutions Act (Bafia) for allegedly revealing bank accounts related to the National Feedlot Corporation (NFC).
Tommy Thomas, who seemed to be in the dark over the matter, told theedgemarkets.com that he will do so on Monday.
He also expressed shocked that the Attorney-General’s Chambers (AGC) had filed an appeal against the PKR vice-president’s acquittal last month.
Thomas said he had decided against doing so following a discussion with Election Commission chairman Azhar Azizan Harun.
“And the decision was conveyed to the relevant officers,” he told the financial portal.
Earlier today, one of Rafizi’s lawyers, Nik Zarith Nik Moustpha, said the defence team was notified of the appeal today through an email from the Court of Appeal’s registrar.
Nik Zarith said the registrar has also set March 9 as the appeal’s mention date.
AG says appeal against Rafizi acquittal done without his knowledge
KUALA LUMPUR (Dec 6): The Attorney General Tan Sri Tommy Thomas said he was shocked by news reports that the Attorney General’s Chambers (AGC) had appealed against the acquittal of PKR vice-president Rafizi Ramli under the Banking and Financial Institutions Act (Bafia) for allegedly revealing bank accounts related to National Feedlot Corporation (NFC).
“I am shocked as it was decided after a discussion I had with Election Commission chairman Azhar Azizan Harun that we will not be appealing. And the decision was conveyed to the relevant officers,” he told theedgemarkets.com.
Thomas added that he will rescind the appeal on Monday.
“We will also find out why the appeal was filed when clear instructions were given not to file. Discplinary action will be taken against those responsible,” he added. He declined further comment.
One of Rafizi’s lawyers, Nik Zarith Nik Moustpha, was quoted by the media as saying that the defence team was notified of the appeal today through an email from the Court of Appeal’s registrar.
To recap, the High Court in Shah Alam had on Nov 15 acquitted and discharged Rafizi after overturning his conviction last year of revealing bank accounts related to NFC, its subsidiary companies and chairman Salleh Ismail.
In February last year just before the 14th General election, Rafizi and former bank clerk Johari Mohamad were sentenced to 30 months’ jail by the Shah Alam Sessions Court for flouting the Banking and Financial Institutions Act.
The Act was however repealed after he was charged in August 2012.
Disobedience – AG to act against errant officers over appeal in Rafizi’s case
Attorney-General Tommy Thomas has vowed to take action against his officers who had filed an appeal against the Shah Alam High Court decision to acquit PKR vice-president Rafizi Ramli.
This came after Attorney-General’s Chambers officers challenged the decision to acquit and discharge Rafizi and bank clerk Johari Mohamad over the Banking and Financial Institutions Act (Bafia) charges.
“I was not aware that the appeal was filed. I did not instruct my officers to appeal this case,” the AG told Malaysiakini.
“This is clear disobedience. I will initiate disciplinary action against those responsible.”