The Bar Council has not been approached by the government to serve in the committee it intends to set up to look into political funding and will not take part in the proposal this particular time.
Any discourse on new laws should await the completion of the ongoing investigation into the transfer of the 1MDB funds, Malaysian Bar president Steven Thiru said in a statement today.
This is, in particular, because a donation , as Prime Minister Najib Abdul Razak claimed about the RM2.6 billion in his personal bank accounts, is still within the definition of "gratification" under Section 3 of the Malaysian Anti-Corruption Commission Act 2009, Thiru said.
The move for a panel on political funding has been brought up rather suddenly, after the recent disclosures by The Wall Street Journal and Sarawak Report concerning the transfer of funds to Najib’s private bank accounts and the declaration by the MACC that the RM2.6 billion was a "donation".
“Indeed, the proposal to set up the committee will invariably be seen as an attempt to divert attention from the 1MDB investigation, or to create a convenient distraction from the serious allegations of corruption as well as the ramifications of these allegations, if proven to be true.
'It must not be a device to diminish investigation'
“The proposal should not be a device to diminish the importance of the investigation,” Thiru added.
The Bar Council, he said, maintains its stand that the focus should be on an independent and comprehensive investigation into the allegations that appear to implicate Najib and that the investigation should be concluded promptly.
It has been recognised for some time, he said, that there is a need for laws to govern political funding.
“However, no steps appear to have been taken on the matter. This is not the time to indulge in side issues that can be perceived as a smokescreen to cover up wrongdoing in this matter.
“While the Bar Council has in the past worked, and still continues to work, with the government in various areas of law reform, we do not intend to participate in this particular committee as proposed by the minister, at this time.
Last Friday, Najib announced the formation of the panel and the Minister in the Prime Minister's Department in charge in integrity Paul Low said all parties would be consulted on the matter, including political parties, academicians, government agencies, civil society and the Bar Council.
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