KUALA LUMPUR, Dec 7 — An admission by Attorney General (AG) Tan Sri Tommy Thomas that the decision to appeal Rafizi Ramli’s acquittal was done without his knowledge clearly suggests there are forces within the Attorney General’s Chambers (AGC) working to discredit him, said Ramkarpal Singh.
The Bukit Gelugor MP, also a prominent lawyer, in welcoming the confirmation by Thomas to rescind the appeal, said such decisions made without the AG’s final approval was worrying and that action must be taken against the culprits.
“Such an act of defiance and sabotage must be seriously addressed and stern action must be taken against the culprit who filed the said notice of appeal without the approval of the AG, possibly with a view to his/her sacking,” he said in a statement today.
The DAP National Legal Bureau chairman stressed that the image of the AGC as the country’s guardian of justice must be protected at all times, and urged Thomas to take the necessary action to address the incident.
Ramkarpal suggested that even if the appeal is not rescinded on Monday, the legality of such a decision should be scrutinised as only the AG holds powers to sanction such a decision under Article 145(3) of the Federal Constitution.
“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,” he said.
He also advised Rafizi’s legal team to take the required steps to strike out the appeal if it is not rescinded on Monday as promised by Thomas.
Yesterday, Thomas reportedly said he was shocked to find out that the AGC were appealing against an acquittal that was granted to Rafizi for offences under the Banking and Financial Institutions Act (Bafia).
Thomas had also promised disciplinary action against officers within the Chambers who filed for the appeal, a decision he said was made without his knowledge.
Rafizi yesterday had also questioned the appeal against his acquittal, saying such a decision was odd considering Thomas was appointed into office as a figure to champion reforms.
The PKR vice president suggested that Thomas had used his prerogative to pursue what he labelled as ‘politically motivated’ charges that were brought against him, before the latter confirmed the decision carried out without his approval.
Last month, the Shah Alam High Court acquitted and discharged Rafizi after overturning his conviction last year of revealing bank accounts related to National Feedlot Corporation (NFC), its subsidiary companies and chairman Salleh Ismail.
Before the 14th general elections last year, Rafizi and former bank clerk Johari Mohamad were sentenced to 30-months imprisonment by the Shah Alam Sessions Court for offences under the Bafia, an act that was repealed after his initial charging in 2012.
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