The Malaysian Bar's International Malaysia Law Conference ("IMLC") 2018 is taking place from 14 to 17 Aug 2018 at The Royale Chulan Kuala Lumpur.
By Boo Sha–Lyn, Bar Council Secretariat
“I passionately believe in free speech.” YBhg Tuan Tommy Thomas asserted that comments made by the public or cabinet ministers on the process of the proceedings are not an interference to carrying out his duties, nor do they affect his decision–making. It is his position that both the public and politicians alike are entitled to have their say and especially regarding the 1MDB matter, which is a matter of public interest and importance for Malaysians.
“I passionately believe in free speech.” YBhg Tuan Tommy Thomas asserted that comments made by the public or cabinet ministers on the process of the proceedings are not an interference to carrying out his duties, nor do they affect his decision–making. It is his position that both the public and politicians alike are entitled to have their say and especially regarding the 1MDB matter, which is a matter of public interest and importance for Malaysians.
The “Special Session with the Attorney General” took the format of a question–and–answer (“Q&A”) session moderated by the President of the Malaysian Bar, George Varughese. As expected, the audience was eager to hear more about the 1MDB saga and the 1MDB–linked yacht, Equanimity, which is a hot topic of conversation.
Having explained the division of powers between the investigative and
prosecutorial agencies in criminal proceedings — which serves as an
important check and balance to ensure that power is not concentrated in
one body — the Attorney General referred to agencies such as Bank Negara
Malaysia (Central Bank of Malaysia), Securities Commission, Malaysian
Anti–Corruption Commission (“MACC”), and Royal Malaysia Police as
examples of independent agencies in Malaysia. These are empowered to
carry out investigations and upon completion of their investigations,
submit the investigation papers to the Attorney General’s Chambers.
Stressing the crucial division of these powers, the Attorney General
stated that it is important to respect the independence of these
agencies in their investigative duties.
Referring specifically to the Equanimity proceedings, the Attorney General explained that the claim is based on admiralty law rather than under the Anti–Money Laundering, Anti–Terrorism Financing and Proceeds of Unlawful Activities Act 2001 (“AMLA”). This is because of the uniformity and harmony of admiralty laws around the globe and, crucially, under admiralty law, a buyer is able to obtain good title of the asset in the event the asset is sold.
The Attorney General explained that the substantive issue in this case is the ownership of the yacht, and contended that the Government of Malaysia, as Plaintiff in the proceedings, is the true beneficial owner. He went on to add that pending litigation, the yacht could be sold in an open and transparent manner — thus transforming the asset into money which could then be put into a fixed interest–earning account. The Attorney General expressed the hope that this could be done within the next three to four months.
In the case of matters related to 1MDB, the Attorney General observed that many of these proceedings would take place outside the country (apart from the Equanimity action in Malaysia). It is therefore important that Malaysia is represented by lawyers of the highest calibre from the jurisdictions where a potential suit may be filed.
The Attorney General was asked about the relationship between the civil service and the new Government. He
admitted that there are pockets of resistance to change and if this results in unprofessional behaviour, like the leaking of information, then action should be taken.
The Attorney General explained that the substantive issue in this case is the ownership of the yacht, and contended that the Government of Malaysia, as Plaintiff in the proceedings, is the true beneficial owner. He went on to add that pending litigation, the yacht could be sold in an open and transparent manner — thus transforming the asset into money which could then be put into a fixed interest–earning account. The Attorney General expressed the hope that this could be done within the next three to four months.
In the case of matters related to 1MDB, the Attorney General observed that many of these proceedings would take place outside the country (apart from the Equanimity action in Malaysia). It is therefore important that Malaysia is represented by lawyers of the highest calibre from the jurisdictions where a potential suit may be filed.
The Attorney General was asked about the relationship between the civil service and the new Government. He
admitted that there are pockets of resistance to change and if this results in unprofessional behaviour, like the leaking of information, then action should be taken.
Due to time constraints, the Attorney General was unable to provide in–depth answers to the many issues raised during questions from the floor. He invited the delegates to send their proposals or submissions to him for his consideration.
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