Kit Siang throws 'conflict of interest' poser at AG

DAP parliamentary leader Lim Kit Siang floated concerns that attorney-general Mohamed Apandi Ali may not have been the perfect person to decide on the controversial SRC International and RM2.6 billion "donation" investigation papers submitted by the Malaysian Anti Corruption Commission to the AG's Chambers.

"Is Apandi guilty of conflict of interest when he decided that the premier had committed no criminal offence in the RM2.6 billion 'donation' and SRC scandals?" he asked in his speech at the DAP Batu Pahat 'Solidarity with Lim Kit Siang & Mana RM2.6 billion?' kopitiam ceramah in Tongkang Pecah, today.

"Apandi should have withdrawn from the decision-making process on what actions should be taken on the MACC investigation papers on Najib's RM2.6 billion 'donation' and SRC scandals," said the Gelang Patah parliamentarian.

This, he said, is because of the "most extraordinary of circumstances" on how Apandi was appointed by Najib to the post, after former AG Gani Patail was let go on July 28 last year purportedly for “health” reasons, which even took the then attorney-general by surprise.

Grounds for recusal

Continued speculation on the reason for Gani's sacking, Apandi's sudden appointment and the premier's personal involvement in the corruption probe, argued Lim, were grounds for the AG to recuse himself as the matter was perhaps too close to home.

"These extraordinary circumstances of his appointment as AG by Najib in place of Gani are additional reasons why Apandi should have avoided any conflict of interest situation and withdrawn from any decision-making on MACC's investigation papers into the RM2.6 billion donation and SRC scandals, which involves the premier."

Lim also alleged that Apandi's announcement that there will no charges against Najib also runs contrary to what MACC officials had said on public record, arguing that the officials have highlighted possible charges.

He was referring to the AG's statement earlier today, declaring that there will be no criminal prosecution against Najib, claiming that the MACC probe did not highlight any offences, and that all the cases are now considered closed.

The anti-graft body had probed former 1MDB subsidiary SRC for irregular financial movements as well as the RM2.6 billion "donation" that was deposited into the PM's personal bank accounts and had resubmitted its finding to the AG last week after the initial papers were sent back for clarifications.

Najib and SRC have both maintained that everything was above board and that nothing was amiss.

In any case, Lim caIled on Apandi to make public the MACC investigation papers into the RM2.6 billion donation and SRC international.

The DAP leader, however, conceded that Article 145(3) of the Federal Constitution vests absolute discretion in the AG “to institute, conduct or discontinue” any proceedings for an offence, which cannot be challenged in a court of law.

But he argued that Apandi should be accountable to the rakyat on his extraordinary decision not to charge Najib in the high-profile case, which is of public interest.

To remove all "suspicion and speculation", Lim mooted the creation of a high-level three-man committee comprising former judges and former AG Abu Talib Othman to review Apandi's decision and determine whether there had been a conflict of interest. -Mkini