Suruhanjaya Pencegahan Rasuah Malaysia (SPRM) menghabiskan tujuh bulan untuk menyiasat kes membabitkan Perdana Menteri Datuk Seri Najib Razak.
Namun, Peguam Negara Tan Sri Mohamed Apandi Ali semalam mengarahkan supaya kes itu ditutup kerana tiada alasan bagi memulakan pendakwaan.
Selepas menghadapi pelbagai halangan malah mengorbankan cuti Hari Raya, penyiasat yang bekerja siang malam kini berasa kecewa atas perkembangan terbaru itu, dedah sumber.
"Kami bekerja sepanjang bulan puasa, bahkan berbuka puasa dan bersahur di pejabat untuk jalankan siasatan.
"Kami tak balik ke rumah bertemu keluarga dan ramai antara kami mengorbankan cuti raya pada tahun lepas untuk siasat kes ini," kata sumber itu yang enggan namanya didedahkan.
Sumber itu menegaskan SPRM menyiasat kes itu secara bebas, dengan hanya menumpukan kepada fakta. Bahkan pegawai-pegawai SPRM juga terpaksa berhadapan dengan tekanan pihak polis yang menyiasat mereka berhubung dokumen yang bocor.
Ini termasuk apabila rumah dan pejabat bekas Timbalan Pendakwa Raya SPRM, Ahmad Sazilee Abdul Khairi diserbu anggota cawangan khas.
Dua pegawai kanan iaitu Pengarah Operasi Khas SPRM Datuk Bahri Mohamad Zin dan Pengarah Komunikasi Strategik SPRM Rohaizad Yaakob Zin turut dipindahkan ke Jabatan Perdana Menteri. Namun keputusan itu dibatalkan selepas mendapat kritikan.
Keadaan itu bertambah buruk hingga SPRM mengadakan solat hajat untuk memohon petunjuk dan perlindungan.
Semalam, Peguam Negara Tan Sri Mohamed Apandi Ali berkata, tiada kesalahan jenayah dilakukan Najib berhubung sumbangan RM2.6 bilion yang dimasukkan ke akaun peribadinya serta siasatan berkaitan SRC International.
Sehubungan itu, beliau berkata pihaknya mengarahkan supaya kertas siasatan kes tersebut ditutup.- mk
Apandi tidak berhak arah SPRM henti siasat Najib
The attorney-general rejected advice to charge PM: source
MACC proposed three charges under Penal Code...
It is understood that the charges involved the transfer of funds originating from SRC International to Najib's bank accounts.
Section 403 concerns “dishonest misappropriation of property”.
The recommendation, sources claimed, was made to the Attorney-General’s Chambers but Malaysiakini could not obtain an official confirmation.
Speaking on condition of anonymity, the sources indicated there was "circumstantial evidence" to charge the prime minister with possible abuse of power following allegations of funds being deposited into his private bank accounts.
A possible hindrance to this, said the sources, would be the prime minister denying personal knowledge of the matter.
According to the law, to prove abuse of power, the authorities need to show the person having knowledge of the said funds.
Yesterday, attorney-general Mohamed Apandi Ali said Najib had no knowledge nor was he informed about the SRC transfer.
Therefore, sources familiar with the case, said the commission proposed charges under Section 403 instead, which stated “whoever dishonestly misappropriates, or converts to his own use or causes any other person to dispose of, any property can be punished under this section”.
“We have various strong case laws and Malaysian cases in securing conviction under Section 403.
“This is what was recommended but Apandi did not answer this in his press conference yesterday,” said one of the sources.
The Penal Code provides various illustrations in regard to Section 403 – one of which states that supposedly A takes property belonging to Z out of Z's possession, in good faith, believing at the time when he takes it, that the property belongs to himself, A is not guilty of theft; but if A, after discovering his mistake, dishonestly appropriates the property to his own use, he is guilty of an offence under this section.
Those found guilty are liable for a jail sentence of not less than six months and not more than five years, with whipping and shall also be liable to a fine.
Investigators also claimed that the funds from SRC International, a former 1MDB subsidiary now under the Finance Ministry, came from the Retirement Fund Inc (KWAP), a pension fund for government servants.
“We monitored the money trail and it came from KWAP,” said one investigator.
Last November, SRC International said the entire RM4 billion loaned to KWAP on normal commercial terms is fully accounted for in its balance sheet, in accordance with standard accounting and governance practices.
The firm expressed disappointment that "fabricated material with malicious intent" was published by certain media to suggest that these funds had been misappropriated.
Najib has always denied abusing public funds for personal gain or committing any wrongdoing, and has blamed such allegations on those attempting to architect his downfall.
Yesterday, Apandi (photo) announced that after having studied the MACC’s investigation papers, he was satisfied Najib did not commit any criminal offence.
He added that he would return the papers to MACC with the instruction for the commission to close the investigation.
This apparently did not go down well with senior MACC officials.
MACC's director of special operations Bahri Mohd Zin today told the Star Online that the commission is likely to appeal, as he described the cases as “straightforward”.
MACC not allowed to probe RM2.6b ‘donation’ overseas
Meanwhile, sources claimed that investigators were prevented from probing the money trail outside of Malaysia.
This is despite reports earlier claiming that MACC recorded statements from SRC International's managing director Nik Faisal Ariff Kamil and director Mohd Suboh Yasin – both of whom are overseas.
It is understood that the MACC officers sought assistance to investigate the RM2.6 billion donation by utilising the Mutual Legal Assistance (MLA) Treaty that Malaysia has inked with several countries.
During the Perwaja Bhd case involving its managing director, Eric Chia, then attorney-general Abdul Gani Patail allowed the probe to be conducted in both Switzerland and Hong Kong under the MLA, where statements were recorded from witnesses in the two countries.
The donation was said to be from the Saudi royal family, which was transferred to Najib in two tranches in 2013 as political donation ahead of the 13th general election.
Yesterday, Apandi said investigations showed the sum was given without strings attached and the prime minister returned RM2.03 billion in August the same year.
However, sources said information about the prime minister returning a substantial sum back to the donor was not from the MACC investigation papers.
Contacted for comment, Bahri remained tightlipped on whether the investigation papers recommended charges against the prime minister.
“I do not wish to comment on that. As I mentioned before, the next step is to work towards appealing the AG’s decision,” he told Malaysiakini.
Despite attempts to call and message, Malaysiakini is still awaiting Apandi’s response. - mk
SPRM cadang 3 pendakwaan pada Najib
MACC can challenge Apandi in court...
A court ruling last year could allow the Malaysian Anti-Corruption Commission (MACC) to legally challenge attorney-general Mohamed Apandi Ali.
Lawyers for Liberty (LFL) legal coordinator Michelle Yesudas said a court ruling last year disputes how absolute the AG's powers are.
"In a recent case, High Court judge Vazeer Alam ruled that the decision of the AG can be challenged if it is based on an irrelevant consideration, exercised unlawfully, or if it is an abuse of power," Michelle told Malaysiakini.
She was citing Justice Vazeer's ruling, in the High Court in Kuala Lumpur, in dismissing former attorney-general Abdul Gani Patail's application to strike out the suits by former Commercial Crime Investigation Department director Ramli Yusuff and his lawyer Rosli Dahlan.
Ramli and Rosli are suing Gani, former inspector-general of police Musa Hassan and ironically, several MACC officers, for abuse of power, malfeasance in the performance of their public duty, malicious prosecution and prosecutorial misconduct, among others.
Minister in the Prime Minister's Department Azalina Othman Said then told the people not to question Apandi's decision, declaring that Apandi had absolute powers to make such decisions.
However, Michelle said discretionary powers do not make an AG immune from public scrutiny.
"This alone should be a ground for reform, not a ground to prevent the general public from forming opinions about important scandals that involve our prime minister and public funds.
"(Azalina's) statement is a low blow to free speech, democratic participation and an excuse to police the rakyat's opinion and to deter critical thinking," Michelle said.
Article 145(3) of the federal constitution grants the AG absolute discretionary powers on whether or not to pursue prosecution, except in syariah, native or military courts. - mk
Apandi can’t close investigations, should help MACC, says former A-G
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