Tan Sri Mohamed Apandi Ali says there is not enough evidence to charge the prime minister over the RM2.6 billion donation channelled into his bank accounts. A politician will mount a legal challenge against the attorney-general’s decision. – The Malaysian Insider file pic, February 2, 2016.A former Umno politician will file a judicial review soon to challenge the attorney-general’s decision not to frame any charge against Datuk Seri Najib Razak over the RM2.6 billion donation and transfer of RM42 million from SRC International Sdn Bhd into the prime minister’s accounts.
A source told The Malaysian Insider that the politician, backed by a group of lawyers, has taken A-G Tan Sri Mohamed Apandi Ali’s challenge to mount legal proceedings if anyone was unhappy with the decision which was announced last week.
The source said, the rare move of challenging the decision of the public prosecutor, came about after Apandi said there was “insufficient evidence” to charge Najib over any wrongdoing pertaining to investigations into the RM2.6 billion donation and SRC International.
“The politician will also be asking for an order to compel the A-G to give permission to the Malaysian Anti-Corruption Agency (MACC) to collect evidence overseas in relation to the RM2.6 billion found in Najib’s private accounts,” the source told The Malaysian Insider.
MACC previously said it had sought the A-G’s help to collect evidence in the form of witness statements and documents from overseas through mutual legal assistance (MLA).
The politician is scheduled to hold a press conference after filing the judicial review at the Kuala Lumpur High Court.
This, according to lawyers, is the first time a challenge has been mounted against the A-G’s discretionary power in a criminal proceeding under Article 145 (3) of the Federal Constitution.
The Malaysian Bar last September also approved a resolution to initiate legal action against public officers who may have obstructed the course of justice in investigations into the transfer of RM2.6 billion into Najib’s bank accounts.
Its president, Steven Thiru, said then those named in the suit could include the prime minister, as well as other public officers seen to have interfered with the investigations.
“This is not about who is innocent or guilty, but to uphold the rule of law in respect to the investigations which were derailed,” Steven said.
Last Tuesday, Apandi announced that the MACC, after six months of investigations, did not have sufficient evidence for him to frame charges against the prime minister.
“Based on facts and evidence, no criminal offences have been committed by the PM in relation to three investigation papers.
“I hereby order the MACC to close the investigation papers,” Apandi said.
The three papers are one on the RM2.6 billion donation and two on SRC International, which had taken a RM4 billion loan from the Retirement Fund Inc or KWAP.
On Thursday, Apandi shrugged off a move by the MACC to refer its investigation papers to a panel to seek a review of the decision to close the investigations.
He said any bodies formed to question any decision of the A-G would be against Article 145 (3) of the Federal Constitution.
However, former attorney-general Tan Sri Abu Talib Othman said Apandi has no authority to order MACC to close investigations, adding that this was a case of public importance which has attracted worldwide attention.
MACC opened investigations following reports in The Wall Street Journal and Sarawak Report in July last year alleging that of the RM2.6 billion donation, RM42 million had originated from SRC International, a subsidiary of Najib’s brainchild, 1Malaysia Development Bhd (1MDB).
This was according to documents on the money trail provided by Malaysian investigators, WSJ and Sarawak Report said.
A larger tranche of US$681 million was also transferred ino Najib’s accounts, originating from a British Virgin Islands company and going through Falcon Private Bank in Singapore.
MACC has recorded statements from more than 100 witnesses, including Najib and the individual who allegedly gave RM2.6 billion.
The agency first submitted investigation papers to the A-G on December 31, and had the papers returned with requests for more explanations on January 18. It resubmitted the papers on January 22. – February 2, 2016.
Comments
Please refrain from nicknames or comments of a racist, sexist, personal, vulgar or derogatory nature, or you may risk being blocked from commenting in our website. We encourage commenters to use their real names as their username. As comments are moderated, they may not appear immediately or even on the same day you posted them. We also reserve the right to delete off-topic comments