This article first appeared in The Edge Financial Daily, on April 1, 2016.

KUALA LUMPUR: It is sub judice to discuss the RM2.6 billion that went into the personal accounts of Prime Minister Datuk Seri Najib Razak, as the matter was in court and will affect and damage the interests of the parties involved, Dewan Rakyat Speaker Tan Sri Pandikar Amin Mulia has ruled.

“I am of the view that the interests of the parties involved in the writ of summons will be affected after considering the media statement issued by the Attorney-General dated Jan 26, 2016, which stated that the prime minister has not committed any criminal offences with regards to the issue,” Pandilar Amin said in a ruling yesterday.

The ruling came after the controversy over the reply by Minister in the Prime Minister’s Department Datuk Seri Azalina Othman to Bayan Baru MP Sim Tze Tzin. Azalina said in a written reply on March 16 that based on Standing Order 23(1)(g), the government cannot answer the question as the matter was in court, and thus sub judice.

Last Thursday, the matter became a topic of discussion in the Dewan Rakyat, and Pandikar Amin had said that Azalina made a “mistake” by deciding that it was “sub judice” to answer questions on the RM2.6 billion.

Pandikar said he had received Sim’s letter on March 17 to seek a ruling on whether the matter was under the consideration of the court under Standing Order 23(1).

Sim also asked whether any further question on the issue was a matter of sub judice, which means the issue cannot be raised or discussed in the Dewan Rakyat, should the Speaker hold that this would affect the interests of parties involved. 

Pandikar Amin said that the Speaker has the right to allow or reject a question under Standing Order 23.

“Oral questions are listed in the Order Paper if they fulfil the requirements stated under Standing Order 23. These questions ought to be answered unless it was decided otherwise by the Speaker,” he added.

He said he was informed about a judicial review filed by the Bar Council to the Kuala Lumpur High Court on March 14, following the decision of the AG who had cleared the prime minister of any wrongdoing.

“I have considered the matter and found that the judicial review filed on March 14 against the AG was a matter under the consideration of the Court, which is in line with the Standing Order 23(1)(g).

“I also take note that a writ of summons has been filed against the prime minister on March 23. The  writ  specifically refers to the issue related to the RM2.6 billion. In light of this, the matter has become a matter under the consideration of the same court,” Pandikar said.

Bernama reported Azalina as saying yesterday that the numerous allegations against Najib were acts of desperation by people with an agenda. 

She said the allegations and attacks only went to show that Najib had done no wrong.

“The more allegations you make, the more you are confirming the prime minister is innocent because you are desperate. 

“For me, all these attacks are desperate,” she said to reporters at the lobby of Parliament House when asked to comment on a recent Australian media report that criticised Najib’s leadership.

She said those involved had a hidden agenda to topple Najib, adding that the reports of foreign media were also unfair.

“How would they feel if TV3 or Astro makes a documentary about their leadership? How would they feel if we do a documentary on other [leaders]in Asean?” she said.