Traffic passes a 1Malaysia Development Berhad (1MDB) billboard at the Tun Razak Exchange development in Kuala Lumpur, Malaysia, July 6, 2015. REUTERS file photo/Olivia Harris
KUALA LUMPUR: The High Court here today dismissed Selangor Menteri Besar Datuk Seri Mohamed Azmin Ali’s leave application for judicial review to order the police to locate and arrest businessman Low Taek Jo, better known as Jho Low, over the 1Malaysia Development Berhad (1MDB) scandal.
Judge Datuk Hanipah Farikullah made the decision in chambers in the presence of senior federal counsel Alice Loke Ying Ching and Natra Idris, and lawyers Datuk Seri Gopal Sri Ram, N. Surendran, R. Sivarasa and Latheefa Koya, who were acting for Mohamed Azmin.
Lok, when met by reporters, said the court had dismissed Mohamed Azmin’s application after ruling that there had been no statements from any of the law enforcement agencies that Jho Low had committed an offence in Malaysia.
“The court also found that investigatory powers are not amenable to judicial review,” she said.
Judge Hanipah, however, made no order as to costs against Mohamed Azmin.
Mohamed Azmin had on Aug 14, this year filed the leave application for judicial review, naming the Inspector-General of Police as respondent.
In the application, he sought a mandamus order to compel the respondent to locate, arrest and bring Jho Low before the court to face criminal charges under Sections 409 and 420 of the Penal Code for criminal breach of trust (CBT) and cheating.
Mohamed Azmin filed the leave application on grounds that Jho Low had caused 1MDB to incur huge losses and third parties to reap profits illegally.
He claimed the respondent had all the information to confirm that Jho Low had committed CBT involving money belonging to 1MDB but chose not to take any action to arrest him.
Mohamed Azmin also claimed that the Malaysian Anti-Corruption Commission had announced that Jho Low was a wanted man in connection with offences involving 1MDB and that the respondent had the power and responsibility under the Police Act 1967 to arrest Jho Low.
He said he had, through his lawyer, written a letter to the respondent on Aug 3, but the respondent claimed that the matter was still under investigation while the reality was that the respondent had all the information.
Meanwhile, when met by reporters, Mohamed Azmin said he would appeal today’s decision. – Bernama