Attorney-General Mohd Dusuki Mokhtar must publicly explain the supposed mishandling of the criminal breach of trust (CBT) case involving the International Petroleum Investment Company (IPIC), said electoral reform group Bersih.
This is after the accused, former prime minister Najib Abdul Razak and former treasury secretary-general Mohd Irwan Serigar, were granted a discharge not amounting to an acquittal (DNAA) for their six CBT charges earlier today when the prosecution failed to hand over several classified documents crucial to the case.
Bersih said this is a case of public interest, and the attorney-general must explain why it failed to hand over the documents to the defence, as required by law.
“This case has been filed since 2018, so was it impossible for the prosecution to obtain and hand over the related documents to proceed with the case?
“Was this an intentional ‘mistake’ by the prosecution? Because eight years is too long. Three prime ministers have come and gone during the period,” the group said in a statement today.
Bersih emphasised the people have a right to an explanation because the entire cost of the case, including the prosecutors’ salaries, is borne by taxpayers.
The DNAA granted to Najib (above) and Irwan today was another stain on Malaysia’s judicial system, it said, after Deputy Prime Minister Ahmad Zahid Hamid was also granted a DNAA in September last year.
Zahid had been facing 47 corruption charges over the Yayasan Akalbudi case, but the prosecution sought a DNAA despite a prima facie case already being established.
The Attorney-General’s Chambers claimed, without elaborating, that it had “cogent” reasons to withdraw charges against Zahid, while the MACC said it is still pursuing new leads in the case.
Meanwhile, Bersih demanded the government announce a clear timeline to deliver its promise to separate the offices of the attorney-general and public prosecutor, and Prime Minister Anwar Ibrahim to guarantee implementation according to the timeline.
“Otherwise, how many more DNAAs will be ‘awarded’ to politicians involved in corruption and abuse of power cases?” it said.
It warned against hiding behind the excuse that the DNAA was the court’s decision since the trial judge has clearly stated that the DNAA is due to the prosecution’s mistakes.
Separate AG, PP
The call to expedite separating the attorney-general and public prosecutor’s office was echoed by Muda.
“Such a mistake, even if it was unintentional, reflects the integrity risk in the justice system if no structural reforms are made,” it said in a separate statement today.
Muda claimed the DNAA for Najib and Irwan also calls Pakatan Harapan’s commitment to combat corruption into question, especially since Harapan rose to power with a mandate to bring Najib to justice over the 1MDB scandal.
“The silence and apathy of some of its top leaders raises doubts about their (Harapan’s) commitment to fight corruption.
“Criticisms towards the prime minister who is seen to be too lenient to Najib, including on the issue of pardon, adds to concerns that political interests may take precedence over the promised reform agenda,” it said.
Muda also chastised other opposition parties, which it accused of being disinterested in checks and balances on crucial issues such as this.
It urged all quarters, whether in the government or opposition, to be firm in upholding justice and transparency.
“Institutional reforms including a clear separation of powers is sorely needed to restore the people’s confidence in the country’s justice system,” it added. - Mkini
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