MACC to refer AG's decision to its evaluation panel

PETALING JAYA: The Malaysian Anti-Corruption Commission (MACC) will refer the attorney-general's directive to close three investigation files involving Prime Minister Datuk Seri Najib Abdul Razak to its Operational Evaluation Panel (PPO).
MACC's top management decided to do so following a discussion on Tan Sri Mohamed Apandi Ali's directive to close investigations into the controversial RM2.6 billion and SRC funds transfer into the prime minister's personal bank account.
In an immediate response, Apandi, in a text message from abroad, told The Malaysian Insider that any bodies formed to question any decision of the AG would be against Article 145 (3) of the Federal Constitution.
Article 145 gives the AG, who is also the public prosecutor, the sole discretion to institute, continue or discontinue any criminal proceedings against any accused person.
"That is my stand. Anyone who does not agree with this is free to seek an interpretation of my decision in the Federal Court," Apandi said.
The anti-graft commission, in a statement today, said: "The MACC has decided to table the decision made by the AG to the PPO, an independent body formed by the government in line with the MACC Act 2009, for evaluation and consideration of the PPO, as well as another special panel which will be appointed.
"One of the reference points of PPO is to provide views in regard to cases where a decision not to prosecute is made by the public prosecutor," it added.
Apandi had on Tuesday ordered the investigations to be closed after declaring that Najib had not committed any criminal offence in relation to the alleged RM2.6 billion transferred into his personal account.
In clearing the prime minister of any wrong-doing, Apandi said evidence from the investigations show that the US$681 million (RM2.08 billion) transferred into Najib's account was:
>> a personal donation from the Saudi royal family given to him without consideration;
>> confirmed by the donor as having been given to Najib personally;
>> not an inducement or reward for doing or forbearing to do anything in relation to his capacity as prime minister.
Apandi also disclosed that Najib had returned US$620 million (RM2.03 billion) to the Saudi royal family in August 2013 because the money was not utilised.
The PPO – one of five independent bodies established to oversee the MACC's operations – is chaired by Tan Sri Dr Hamid Bugo (Sapura Kencana Petroleum director) and comprises former Isis chairman Tan Sri Jawhar Hassan, former Bank Negara deputy governor Datuk Zamani Abdul Ghani, former deputy auditor-general Datuk Azizah Arshad, former Public Complaints Bureau diector-general Datuk Wan Abdul Wahab Abdullah, UiTM Accounting Research Institute director Prof Dr Normah Omar, criminologist Dr M.P. Sundramoorthy and former Bar Council president Lim Chee Wee.
Meanwhile, former minister Tan Sri Rafidah Aziz voiced her concern as to whether the announcement by the AG will set a "precedent" on donations in the future.
In a Facebook posting, she said Apandi should be prepared to explain the details and implications of the decision on the matter.
"Is it a precedent now (that) donations channeled to individuals through private accounts can be returned not necessarily in full and the slate is regarded clean?" asked Rafidah, who noted that Malaysians have posted questions on how the amount, which was not returned to the donor, had been utilised, and whether it was legal.
"I hope that this will not open avenues for all kinds of interpretation and abuse that people with dubious intent will use to get out of whatever violation of the law and regulations that they have got themselves into," she added.
Electoral watchdog Bersih 2.0 voiced its support for MACC's move to review the AG's decision.
Its chairman Maria Chin Abdullah, stating her confidence in MACC's investigation, said the time had come for it to make public its findings.
"The whole of Malaysia has the right to know the truth, and the truth can only be revealed by MACC.
"Bersih 2.0 is confident every Malaysian is behind MACC on this matter, and this will help it gain the public trust, in terms of truth and transparency," she said in a statement.