S'gor applies to set aside suit against state circular
K KabilanPublished: Sep 4, 2009 7:02 PM | Updated: Sep 4, 2009 7:05 PM
The Selangor government today filed an application to strike out the Attorney-General's application to declare invalid a circular by the state government on MACC questioning procedures.
The Selangor government today filed an application to strike out the Attorney-General's application to declare invalid a circular by the state government on MACC questioning procedures.
The state's application was filed today at the Shah Alam High Court registry.
In the original application, AG Abdul Gani Patail is seeking to rescind a state circular which prohibits state officials from giving statements to the Malaysian Anti-Corruption Commission (MACC) after office hours.
That matter will be heard for case management at the Shah Alam High Court on Sept 8.
The state's application today was made on the grounds that the MACC, and not the AG, should have been the party in the suit to declare the state circular invalid.
The proper party should have been MACC as it "is directly affected by the circular issued on July 22".
"The Attorney-General therefore has no locus standi to bring these proceedings," stated the court documents filed by the state government.
The state government also questioned the mode of instituting the proceedings because "numerous issues and facts are in dispute which can only be resolved at trial through cross-examination of witnesses".
Khalid gives reasons
In support of the application, Menteri Besar Abdul Khalid Ibrahim affirmed an affidavit in which he said that the state circular did not prohibit state officials from assisting MACC in their investigations.
"The circular was issued with the primary objective of assisting investigations conducted by MACC," he said.
He added that the circular became necessary because state employees and elected officials have been continuously harassed, unnecessarily called in by MACC and demanded by MACC to hand over various documents, "the harassment of which ultimately resulted in the death of one of our employees, Teoh Beng Hock".
"MACC has approached, visited, interrogated and demanded documents at all levels, starting with me as Menteri Besar, the exco members and their aides, the state assemblypersons, civil servants and even employees of state companies and its subsidiaries," he added.
He said that he was investigated for alleged abuse of power and corruption for using state funds to maintain his own car which he has used as the official car, and for the purchase of 46 cows worth RM 110,400.00 for sacrifice during Aidiladha by a state subsidiary.
"The staff at my office have not been spared from investigation. I have been informed by all my employees that the MACC's modus operandi would be to contact targets by telephone only, requesting verbally that they be present at the MACC office for interrogation.
"No prior notice would be given and if any statement was made by an officer a copy of the statement would not be given to the said officer who was questioned," he added.
AG's grounds for the suit
The AG's application for the judicial review was filed on Aug 20 with Abdul Gani filing an affidavit in support.
In his affidavit, Abdul Gani said the state government circular was against the law as it violated the legal rights accorded to the MACC officers in performing their duties.
He said that the MACC officers were bound by the MACC Act 2009 in performing their tasks.
He also added that the circular meant that any non-compliance could lead to state officers or staff in facing disciplinary actions by the state government.
"As Attorney-General, I am entrusted with the maintenance and compliance of the law.
"In my task as AG, I would ensure that there is no action taken based on the directive or circular... such actions are against the law of the country," he stated.
Abdul Gani said as the guardian of public interest, he was entrusted with protecting the federal law, so that public's interests could be upheld.
It was for this reason, he was making the application to strike out the state circular, he added.
The state's application was filed today at the Shah Alam High Court registry.
In the original application, AG Abdul Gani Patail is seeking to rescind a state circular which prohibits state officials from giving statements to the Malaysian Anti-Corruption Commission (MACC) after office hours.
That matter will be heard for case management at the Shah Alam High Court on Sept 8.
The state's application today was made on the grounds that the MACC, and not the AG, should have been the party in the suit to declare the state circular invalid.
The proper party should have been MACC as it "is directly affected by the circular issued on July 22".
"The Attorney-General therefore has no locus standi to bring these proceedings," stated the court documents filed by the state government.
The state government also questioned the mode of instituting the proceedings because "numerous issues and facts are in dispute which can only be resolved at trial through cross-examination of witnesses".
Khalid gives reasons
In support of the application, Menteri Besar Abdul Khalid Ibrahim affirmed an affidavit in which he said that the state circular did not prohibit state officials from assisting MACC in their investigations.
"The circular was issued with the primary objective of assisting investigations conducted by MACC," he said.
He added that the circular became necessary because state employees and elected officials have been continuously harassed, unnecessarily called in by MACC and demanded by MACC to hand over various documents, "the harassment of which ultimately resulted in the death of one of our employees, Teoh Beng Hock"."MACC has approached, visited, interrogated and demanded documents at all levels, starting with me as Menteri Besar, the exco members and their aides, the state assemblypersons, civil servants and even employees of state companies and its subsidiaries," he added.
He said that he was investigated for alleged abuse of power and corruption for using state funds to maintain his own car which he has used as the official car, and for the purchase of 46 cows worth RM 110,400.00 for sacrifice during Aidiladha by a state subsidiary.
"The staff at my office have not been spared from investigation. I have been informed by all my employees that the MACC's modus operandi would be to contact targets by telephone only, requesting verbally that they be present at the MACC office for interrogation.
"No prior notice would be given and if any statement was made by an officer a copy of the statement would not be given to the said officer who was questioned," he added.
AG's grounds for the suit
The AG's application for the judicial review was filed on Aug 20 with Abdul Gani filing an affidavit in support.
In his affidavit, Abdul Gani said the state government circular was against the law as it violated the legal rights accorded to the MACC officers in performing their duties.
He said that the MACC officers were bound by the MACC Act 2009 in performing their tasks.
He also added that the circular meant that any non-compliance could lead to state officers or staff in facing disciplinary actions by the state government."As Attorney-General, I am entrusted with the maintenance and compliance of the law.
"In my task as AG, I would ensure that there is no action taken based on the directive or circular... such actions are against the law of the country," he stated.
Abdul Gani said as the guardian of public interest, he was entrusted with protecting the federal law, so that public's interests could be upheld.
It was for this reason, he was making the application to strike out the state circular, he added.
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