Police have recorded a statement from former MACC chief commissioner Azam Baki regarding two separate investigations.
The first probe involved a Bloomberg article allegedly containing defamatory claims about his shareholdings in Velocity Capital Partner Berhad.
The second concerned allegations by businessperson Albert Tei, who claims the former top graft-buster abused his power and threatened him. Tei lodged a police report at Presint 7 police station in Putrajaya on May 13, the day after Azam left office.
Tei reported receiving threats following his disclosures regarding a Sabah mining scandal that implicated former state assemblypersons and former prime ministerial aide Shamsul Iskandar Akin.
Following a comprehensive review of the police investigation, the Attorney-General’s Chambers (AGC) classified the matter as NFA due to unestablished elements of criminal intimidation under Section 506 of the Penal Code.
In criminal law, NFA stands for no further action, a legal status indicating that the police or prosecuting authorities have decided to close an investigation without filing formal charges against a suspect.
Some observers, however, cynically suggest that, in this instance, NFA stands for "not for Azam".
Given a political landscape where Ahmad Zahid Hamidi’s 47 corruption charges shifted from a DNAA (discharge not amounting to acquittal) to the NFA, applying this new interpretation seems politically justified. And many believe redefining the acronym feels poetically fair.
Anyway, the NFA classification is merely an administrative decision by prosecutors or police, not a court verdict. Ergo, the suspect is not declared "innocent" by a judge, but rather "not prosecuted” at this time.
Unlike civil disputes, criminal cases marked NFA generally can be reopened at any point if fresh, credible evidence surfaces.
1MDB scandal
Because it follows a clear historical precedent, the NFA decision is invariably viewed as a political move. Under the Najib Abdul Razak administration, we may want to remember that former attorney-general Apandi Ali chose NFA for Najib regarding his 1MDB-related cases.
During a highly publicised press conference in January 2016, Apandi announced that the US$681 million (RM2.6 billion) found in Najib's personal bank accounts was a "personal donation from the Saudi royal family”.
He also asserted that the funds were given without consideration and that Najib had returned US$620 million to the royal family in August 2013.
However, once a new government assumed power, authorities reopened the investigations against Najib. Consequently, he faced multiple criminal charges for his involvement with SRC International and 1MDB, ultimately leading to his conviction.
While the AGC might have exclusive information, the decision prompted questions and drew scrutiny due to Malaysia's track record with politically sensitive trials as well as Malaysia's recent record in political court cases.
Like it or not, the NFA ruling is poised to spark broader discussions regarding Malaysia's handling of high-profile legal matters tied to influence.
It remains to be seen if the police inquiry concerning the Bloomberg publication - which allegedly contains defamatory statements regarding Azam’s equity stakes in Velocity Capital Partner Berhad - will likewise be classified as NFA. - Mkini
HANIPA MAIDIN is a former deputy law minister.
The views expressed here are those of the author/contributor and do not necessarily represent the views of MMKtT.
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