Transparency International-Malaysia (TI-M) says Attorney-General Tan Sri Mohamed Apandi Ali must explain the lack of action against 1Malaysia Development Berhad (1MDB) officials for breaches of law under the Exchange Control Act 1953. – The Malaysian Insider file pic, October 12, 2015.
Attorney-General Tan Sri Mohamed Apandi Ali must explain why he is not pressing charges against officials in 1Malaysia Development Berhad (1MDB) despite the central bank's stand that they should face the law, Transparency International-Malaysia (TI-M) said today.
The anti-graft watchdog's president Datuk Akhbar Satar said there was a difference between helping 1MDB get out of its current financial mess, which he said appeared to be the focus of the executive, and bringing to justice those who had abused their power to use 1MDB's finances for their own ulterior motives.
He added that TI-M's stand had always been that the state investor must be fully investigated and that any wrongdoings or corrupt practices should be disclosed and the wrongdoers brought to justice without fear or favour.
"This has already taken far too long, and the trust deficit faced by the current government in the minds of the people is such that the people no longer take seriously any statement by the current government that the issue of wrongdoings in 1MDB being probed will actually be resolved," he said in a statement today.
Akhbar added that the nation was shocked last week to learn that the A-G had twice rejected Bank Negara's request to initiate criminal prosecution against 1MDB officials for breaches of law under the Exchange Control Act 1953 (ECA).
He added that the A-G had yet to explain why the central bank's request was rejected despite Bank Negara making an appeal.
"The Attorney-General's Chambers was of the view that there was no wrongdoing found or committed by any of 1MDB’s officials.
"Given the circumstances of the new A-G's appointment and his links with the ruling party, he should come clean and be transparent to explain why and what is the justification for not proceeding to press charges against the 1MDB officials when the main regulator for such offences, Bank Negara, had given their view that such charges were appropriate," Akhbar said.
He applauded the central bank's move to revoke permissions granted to the state investor for its US$1.83 billion investments abroad and its order that 1MDB repatriate the monies back to Malaysia.
Akhbar said the state investor had responded to Bank Negara, saying that they were unable to do so as the funds were either spent or going to be used for debt transfer.
But he urged 1MDB to comply with the central bank's directive, adding that it was not a mere query from Bank Negara.
"If 1MDB does not comply with Bank Negara's directives, this will be a very dangerous precedent where parties at fault are able to give excuses and justifications to avoid compliance.
"It seems the perception of government departments and agencies working in silos is somewhat proven correct.
"Is this how we want to portray Malaysia to the world and also to attract foreign investments?" Akhbar asked.
He also condemned the use of the Security Offences (Special Measures) Act 2012 (Sosma) to detain whistle-blowers without trial, referring to the arrest of former Umno branch leader Datuk Seri Khairuddin Abu Hassan and his lawyer Matthias Chang under the law.
Khairuddin was detained for lodging reports with investigators in several countries against 1MDB while Chang, a former political aide to Tun Dr Mahathir Mohamad, was detained under Section 124K and 124L of the Penal Code that deals with sabotage and attempting to sabotage the state respectively.
Akhbar said today that Sosma had been enacted to provide for special measures relating to security offences for the purpose of maintaining public order and security, and for connected matters where action had been taken and further action was threatened by a substantial body of persons.
"What has happened to all the government's promises of non-abuse when Sosma was first introduced?
"TI-M does not see the nexus between the objectives of the act and with the detention of Khairuddin and Matthias," he said.
- TMI
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