Only public prosecutor can reveal outcome of RM2.6 billion, SRC probes, says former A-G

Former attorney-general Tan Sri Abu Talib Othman says usually investigation agencies, such as MACC, will recommend whether charges should be brought against any person but it’s up to the public prosecutor to press those charges. – The Malaysian Insider file pic, December 26, 2015.

The Malaysian Anti-Corruption Commission (MACC) cannot reveal to the public the outcome of investigations into SRC International and the RM2.6 billion donation to Datuk Seri Najib Razak, nor can it disclose its recommendations to the prosecutor as they are confidential, says a former attorney-general (A-G).

“It is only for the A-G to state his reasons if he decides not to press charges although MACC had given its recommendations,” Tan Sri Abu Talib Othman said.

His comments come following MACC chairman Tan Sri Abu Kassim Mohamed’s remark that he was aware Malaysians had high hopes that the truth behind both cases would be revealed.

Abu Kassim said MACC would continue investigating the cases without fear or favour.

“We will investigate regardless of background, position, or status. I hope this message reaches the public, as we have been holding true to this principle to this day,” he was quoted as saying in an interview with Sinar Harian published yesterday.

Abu Talib, who was the A-G for 13 years until 1993, said usually investigation agencies, such as MACC, would recommend whether charges should be brought against any person.

“This is the procedure and they are required to put up a draft charge for the consideration of the public prosecutor,” he told The Malaysian Insider.

He said the public could know through court proceedings if an accused was charged with criminal offences.

However, he said, the public prosecutor, who doubled up as the A-G, was not required to follow the recommendations of investigation agencies.

“The MACC’s proposals are not binding on the A-G or public prosecutor. It is entirely up to his wisdom because Article 145 (3) of the Federal Constitution gives him absolute discretion.

“However, he is required to make a decision judiciously and according to applicable law and evidence.”

Abu Talib said he was of the view that in both these cases, the public prosecutor (Tan Sri Mohamed Apandi Ali) must be accountable to the people if there were to be no prosecution against any person.

“Both these cases are of public interest and he is obliged to reveal if he decides not to press charges,” he added.

Najib said the RM2.6 billion was a donation from Arab contributors and the transactions were above board. 

The prime minister has also denied that the money was from any public fund nor had any link to state-owned investment firm 1Malaysia Development Bhd (1MDB). 

Reports so far revealed that another RM42 million from SRC International, a company owned by the Finance Ministry, ended up in Najib’s account.

The Wall Street Journal reported in July that government investigators found the money following investigations into the debt-laden 1MDB.

- TMI