Apandi pointed out that Article 145 (3) of the Federal Constitution empowered him to carry out or halt any proceedings for a charge/offence. — Picture by Saw Siow Feng

KUALA LUMPUR, Jan 27 — Questioning the decision of the Attorney-General goes against the Federal Constitution, Tan Sri Apandi Ali has said, adding that it is illegal for any panel or body to be formed for that specific purpose.

The Attorney-General pointed out that Article 145 (3) of the Federal Constitution empowered him to carry out or halt any proceedings for a charge/offence, with the exceptions of proceedings involving the Shariah and Military Courts, Malay daily Berita Harian reported.

"This is my stand. Anyone who does not agree, they are free to obtain the explanation of my decision at the federal court," Apandi was quoted as saying.

Apandi was referring to anyone who did not agree with his decision to close the SRC International and RM2.6 billion cases.

In a statement, the MACC said that the decision will be referred to its Operations Review Panel (PPO), which reviews cases which are not pursued by the Attorney-General's office.

The PPO's panel members are chairman Tan Sri Hamid Bugo, Tan Sri Jawhar Hassan, Datuk Zamani Abdul Ghani, Datuk Azizah Arshad, Datuk Wan Abdul Wahab Abdullah, Prof Dr Normah Omar, Dr Sundarmoorthy M Pathmanathan and Lim Chee Wee.

The MACC also said it may appeal Apandi's decision on the SRC International and RM2.6 billion cases, according to its special operations director Datuk Bahri Mohd Zin.

Bahri reportedly said it was “most likely” that the MACC would consider appealing the AG to reconsider its decision in the “straightforward case”.

At a press conference last Tuesday, Apandi announced that he found no evidence of wrongdoing in the corruption probes on SRC International, a unit formerly owned by 1Malaysia Development Berhad (1MDB), and the transfer of a RM2.6 billion donation into Prime Minister Datuk Seri Najib Razak’s private accounts.

He added that he will return the investigation papers to the MACC and instruct them to close the cases.

In addressing questions surrounding the cash deposits into the PM’s private accounts, Apandi said a sum totalling US$681 million (RM2.08 billion) from the Saudi royal family was transferred in batches between March and April 2013.

He added that investigations showed a sum of US$620 million (RM2.03 billion) was returned by Najib in August that same year because “the sum was not utilised”.

Apandi also said that investigations showed no evidence the prime minister had used his position to approve a government guarantee of a RM4 billion loan from the Retirement Fund Incorporated (KWAP) into SRC International.

He added that there was no evidence showing Najib being solicited or promised any gratification from any party before, during or after the Cabinet decision was made, nor was there evidence on there being a conflict of interest.