KUALA LUMPUR — June 9, 2020: A decision by former attorney-general Tan Sri Abdul Gani Patail was one reason all 46 corruption and money-laundering charges against former Sabah chief minister Tan Sri Musa Aman were dropped today.
Another reason was the non-availability of documentary evidence and witnesses .
Attorney-General Tan Sri Idrus explained that Musa had on May 13 sent a representation to the AG’s Chambers to ask for the charges to be dropped. Subsequently on June 5, the AGC received an affidavit which was affirmed by Gani supporting Musa’s application.
Gani, said Idrus, had defended a 2012 decision to take no further action against Musa, saying investigations revealed that the money which became the subject matter of the prosecution was political funding.
The decision was made collectively by former head of prosecution Datuk Tun Abdul Majid Tun Hamzah, former chief commissioner of the Malaysian Anti-Corruption Commission Tan Sri Abu Kassim Mohamad and the MACC’s former director of investigations Datuk Seri Mustafar Ali.
“In cases of this nature, documentary evidence is vital to prove a case. Documentary evidence from companies and banks which were expected could not be obtained through the mutual legal assistance in criminal matters from Hong Kong,” stated Idrus.
The Department of Justice Hong Kong also advised that companies and banks there are required to keep records for seven years and it is highly unlikely that neither the banks nor the companies would still have the records, said a statement from Idrus.
Furthermore, some witnesses had died, suffered serious illnesses or had left the country.