MACC not consulted over decision to drop Guan Eng's charges - sources

EXCLUSIVE | The decision to withdraw graft charges against Finance Minister Lim Guan Eng was never discussed with the MACC top management, claimed sources.

The sources, who include high ranking investigators from the commission, also told Malaysiakini that Lim's lawyer was mistaken in claiming that it was MACC officer who informed Penang High Court today of the intention to withdraw the case. 

"The order to withdraw this case did not come from MACC. If it did, for sure (MACC chief commissioner) Shukri Abdul would not have issued the official statement saying that MACC was shocked over this decision.

"Masri (Mohd Masri Daud) is also not an MACC officer. He is a deputy public prosecutor who represents the Attorney-General's Chambers (AGC).

"He (Masri) did not discuss with MACC about withdrawing the charges," said one of the officers.

The source said that MACC officers are only investigators, and they could not charge any cases in court without the consent of the public prosecutor.

This, added the officer, was due to the separation of powers between the executive, legislative and judiciary as per the Federal Constitution.

Another officer said the case against Lim should be left in the hands of the court for decision, instead of withdrawing all charges against him.

"The people should be informed that this (case withdrawal) has nothing to do with MACC.

"It was a decision by the AGC, but now the public directing their frustration against us, even to the extent of saying that MACC should be closed down."

Earlier today, the Penang High Court acquitted Lim of two graft charges over the alleged conversion of state land status and purchase of a bungalow at below market value.

The court also acquitted businessperson Phang Li Koon, who is Lim's former landlord, from the charge of abetting him in obtaining the bungalow at an undervalued cost.

Following this, MACC had immediately issued an official statement saying that they were "very shocked" by the decision, before Guan Eng's defence counsel Ramkarpal Singh issued a statement countering MACC. 

Ramkarpal said in the statement that MACC should not claim ignorance on the acquittal "when the director of its own legal and prosecution division, Mohd Masri Daud" was the one who informed the court that he was withdrawing the charges.

Meanwhile, Masri, when contacted by Malaysiakini, declined to give any comment regarding claims that he did not discuss withdrawing Lim's charges with the commission.

"I have no comment (at the moment). I will seek my superior's opinion first, as I can't say anything about this.

"Whether there were discussions or not, I do not know," he said.

When contacted by Malaysiakini, attorney-general Tommy Thomas declined to comment on the MACC statement. -Mkini