MACC must press A-G to retract ‘RM2.6 billion’ order, says Gobind

The Malaysian Anti-Corruption Commission (MACC) must tell Attorney-General Tan Sri Mohamed Apandi Ali to retract his instructions on the RM2.6 billion donation investigation if the agency wants the public to believe it is serious in fighting corruption. Puchong MP and lawyer Gobind Singh Deo said this as two of MACC's oversight panels were scheduled to meet the A-G today in Putrajaya. The meeting comes three weeks after Apandi said there was insufficient evidence to charge Prime Minister Datuk Seri Najib Razak for any criminal misconduct after he received RM2.6 billion in his personal account. The decision to not implicate Najib and for MACC to close the case have been met with incredulity by the public and attracted criticism from opposition politicians and anti-graft activists. "If you want Malaysians to believe in you, that you are serious and prepared to fight corruption, then tell the A-G to retract the instruction," Gobind told the audience at the forum, "1Malaysia Development Berhad (1MDB) and RM2.6 billion: the end of rule of law?". Members of the two committees – Operations Review Panel (ORP) and the Special Panel – are expected to meet Apandi over his refusal to allow investigators to collect evidence into the RM2.6 billion. On January 26, Apandi ordered the MACC to close the files over three investigation papers, one of which was the RM2.6 billion donation, as there was insufficient evidence to frame charges against Najib. Gobind said present laws did not simply allow a criminal case to be closed as the discovery of future evidence could prompt another investigation. "There is no limitation on how long a criminal case can remain open if it is not solved," said Gobind. He said there was also a case to be made against members of Najib's administration for allegedly interfering in the original task force to investigate troubled state investor 1MDB. This is since a Barisan Nasional MP once said "certain people had to be taken out" after information on the 1MDB probe was leaked, said Gobind. On August 16 last year, BN communications director Datuk Abdul Rahman Dahlan defended Najib's decision to disband the task force. This decision came one month after information on the investigations had been leaked to The Wall Street Journal. "Under the MACC Act, anyone who holds public office but who makes a decision in which he has an interest is culpable of being investigated for abuse of power." Former Deputy Prime Minister Datuk Seri Anwar Ibrahim had been convicted of this offence in 1998 for instructing the police to drop the investigation against him for sodomy, said Gobind. Anwar was found guilty of abusing power and was sentenced to six years in prison, said Gobind, adding that this had set a precedent which was relevant to the 1MDB task force. "The judge at the time wrote that this offence extended to the deputy prime minister and prime minister. So is MACC looking into this angle?" – February 18, 2016.]]>