KUALA LUMPUR: The Attorney General’s Chambers (AGC) defended its decision to withdraw the charges against former Sabah chief minister Tan Sri Musa Aman, citing an affidavit by former AG Tan Sri Abdul Gani Patail as one of the main factors.
Attorney General Tan Sri Idrus Harun in a statement said on June 5 that the AGC received an affidavit filed at the High Court by Musa.
The affidavit was affirmed by Abdul Gani, who held office between 2002 and 2015, supporting an application by Musa to quash all charges against him.
“The former AG defended the decision taken in 2012 to take no further action against Musa as investigation revealed the monies involved were political funding,” he said.
According to Idrus, Abdul Gani also stated that the decision was made collectively by AGC’s former head of the prosecution division Datuk Tun Abdul Majid Tun Hamzah, former Malaysian Anti-Corruption Commission (MACC) chief commissioner Tan Sri Abu Kassim Mohamad and former MACC investigation division director Datuk Seri Mustafar Ali.
“In light of the representation and recent developments in the form of the former AG’s affidavit, it is the responsibility of this Department to review all of the evidence for this case,” he added.
Idrus said he decided to withdraw all charges against Musa after studying all the available evidence.
He noted that documentary evidence was vital to prove such cases.
“Documentary evidence from companies and banks that were expected could not be obtained through Mutual Legal Assistance in Criminal Matters from Hong Kong.
“The Department of Justice Hong Kong advised that companies and banks in Hong Kong are only required to keep records for seven years and it is highly unlikely that the banks or the companies would still have those records,” he said.
He added that some witnesses had passed away, suffered serious medical ailments or were not in Malaysia.
Idrus said the recent development, including Abdul Gani’s affidavit, caused a situation where it was no longer tenable to continue with Musa’s prosecution.
“This decision is strengthened by a letter dated Dec 22, 2011 from the Independent Commission Against Corruption (ICAC) Hong Kong stating that their investigation against Musa Aman is complete and on the basis of known facts no further investigative action would be pursued.
“My decision is taken in accordance with powers exercisable at my discretion under Article 145(3) of the Federal Constitution,” Idrus said.
Attorney General Tan Sri Idrus Harun in a statement said on June 5 that the AGC received an affidavit filed at the High Court by Musa.
The affidavit was affirmed by Abdul Gani, who held office between 2002 and 2015, supporting an application by Musa to quash all charges against him.
“The former AG defended the decision taken in 2012 to take no further action against Musa as investigation revealed the monies involved were political funding,” he said.
According to Idrus, Abdul Gani also stated that the decision was made collectively by AGC’s former head of the prosecution division Datuk Tun Abdul Majid Tun Hamzah, former Malaysian Anti-Corruption Commission (MACC) chief commissioner Tan Sri Abu Kassim Mohamad and former MACC investigation division director Datuk Seri Mustafar Ali.
“In light of the representation and recent developments in the form of the former AG’s affidavit, it is the responsibility of this Department to review all of the evidence for this case,” he added.
Idrus said he decided to withdraw all charges against Musa after studying all the available evidence.
He noted that documentary evidence was vital to prove such cases.
“Documentary evidence from companies and banks that were expected could not be obtained through Mutual Legal Assistance in Criminal Matters from Hong Kong.
“The Department of Justice Hong Kong advised that companies and banks in Hong Kong are only required to keep records for seven years and it is highly unlikely that the banks or the companies would still have those records,” he said.
He added that some witnesses had passed away, suffered serious medical ailments or were not in Malaysia.
Idrus said the recent development, including Abdul Gani’s affidavit, caused a situation where it was no longer tenable to continue with Musa’s prosecution.
“This decision is strengthened by a letter dated Dec 22, 2011 from the Independent Commission Against Corruption (ICAC) Hong Kong stating that their investigation against Musa Aman is complete and on the basis of known facts no further investigative action would be pursued.
“My decision is taken in accordance with powers exercisable at my discretion under Article 145(3) of the Federal Constitution,” Idrus said.
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